During a recent episode of “Fixing the Nation” on NTV, hosted by Eric Latiff, a legal expert discussed the proper procedures to follow when arrested. Latiff posed the question, “How are you supposed to react when you get arrested?”
This is a crucial question, as many Kenyans find themselves in arrest situations and react inappropriately, leading to misunderstandings and negative outcomes.
Here are the key steps to consider when facing arrest:
Understand the Reason for Your Arrest: Upon being approached and arrested, you have the right to be informed of the arrest and the reason for it, in a language you understand.
This is essential, as the assumption that everyone understands Kiswahili and English can lead to language barriers and, unfortunately, police assault. It is the police officer’s duty to clearly state the reasons for your arrest.
Exercise Your Right to Remain Silent: Everyone has the right to remain silent. This is the origin of the phrase, “You have the right to remain silent. Anything you say can and will be used against you in a court of law.” Speaking during the arrest can compromise your right to a fair trial.
Ensure Proper Detention Conditions: After being taken to the police station, you have the right to be separated from those who have been found guilty and jailed.
Remember, you are presumed innocent until proven guilty. You should also be segregated by gender, with males and females detained separately.
Secure Legal Representation: You have the right to be represented by a lawyer, friend, family member, or anyone you trust to advocate on your behalf.
Inform Others of Your Arrest: You have the right to contact someone to inform them of your arrest. This is particularly important if you are arrested in a different city, ensuring your loved ones are aware of your whereabouts.
Request Reasonable Police Bail: You have the right to reasonable police bail, often called cash bail, which should be proportionate to the alleged crime.
Following these steps will facilitate clearer communication with the police, who are also aware of human rights.
by KELVIN NJENGA
