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Constitution of Kenya, 2010
not to be released.
(2) A person shall not be remanded in custody for an offence if
the offence is punishable by a fine only or by imprisonment for not
more than six months.
Fair hearing.
50. (1) Every person has the right to have any dispute that can be
resolved by the application of law decided in a fair and public hearing
before a court or, if appropriate, another independent and impartial
tribunal or body.
(2) Every accused person has the right to a fair trial, which
includes the right—
(a) to be presumed innocent until the contrary is proved;
(b) to be informed of the charge, with sufficient detail to
answer it;
(c) to have adequate time and facilities to prepare a defence;
(d) to a public trial before a court established under this
Constitution;
(e) to have the trial begin and conclude without unreasonable
delay;
(f) to be present when being tried, unless the conduct of
the accused person makes it impossible for the trial to
proceed;
(g) to choose, and be represented by, an advocate, and to be
informed of this right promptly;
(h) to have an advocate assigned to the accused person by the
State and at State expense, if substantial injustice would
otherwise result, and to be informed of this right promptly;
(i) to remain silent, and not to testify during the proceedings;
(j) to be informed in advance of the evidence the prosecution
intends to rely on, and to have reasonable access to that
evidence;
(k) to adduce and challenge evidence;
(l) to refuse to give self-incriminating evidence;