33
Constitution of Kenya, 2010
in clause (1) and that legislation shall—
(a) provide for the review of administrative action by a court or,
if appropriate, an independent and impartial tribunal; and
(b) promote efficient administration.
48. The State shall ensure access to justice for all persons and, if Access to justice.
any fee is required, it shall be reasonable and shall not impede access
to justice.
49. (1) An arrested person has the right—
(a) to be informed promptly, in language that the person
understands, of—
(i) the reason for the arrest;
(ii) the right to remain silent; and
(iii) the consequences of not remaining silent;
(b) to remain silent;
(c) to communicate with an advocate, and other persons whose
assistance is necessary;
(d) not to be compelled to make any confession or admission
that could be used in evidence against the person;
(e) to be held separately from persons who are serving a
sentence;
(f) to be brought before a court as soon as reasonably possible,
but not later than––
(i) twenty-four hours after being arrested; or
(ii) if the twenty-four hours ends outside ordinary court
hours, or on a day that is not an ordinary court day, the
end of the next court day;
(g) at the first court appearance, to be charged or informed of the
reason for the detention continuing, or to be released; and
(h) to be released on bond or bail, on reasonable conditions,
pending a charge or trial, unless there are compelling reasons
Rights of arrested
persons.