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Due Process in Arrests Without Warrants in Kenya
Legal safeguards provided by the Criminal Procedure Code of Kenya to ensure due process in arrests made without a warrant
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Raphael
said:
Under the Criminal Procedure Code of Kenya (CPC), Chapter 75, arrests without warrants are permitted in specific circumstances, to prevent crime or apprehend individuals suspected of committing serious offences. However, the law also ensures that due process is followed to protect the rights of individuals against unlawful or arbitrary arrest.
Section 29(a) - Arrest by police officer without warrant: "A police officer may, without an order from a magistrate and without a warrant, arrest— (a) any person whom he suspects upon reasonable grounds of having committed a cognizable offence."
Section 36A(1) - Remand by court: "(1) Pursuant to Article 49(1) (f) and (g) of the Constitution, a police officer shall present a person who has been arrested in court within twenty-four hours after being arrested."
Section 21(3) - Nothing in this section shall justify the use of greater force than was reasonable in the particular circumstances in which it was employed or was necessary for the apprehension of the offender."
Section 27 - Mode of searching women: "Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency."
Section 36(1) - Detention of persons arrested without warrant: "(1) When a person has been taken into custody without a warrant for an offence other than murder, treason, robbery with violence and attempted robbery with violence the officer in charge of the police station to which the person has been brought may in any case and shall, if it does not appear practicable to bring that person before an appropriate subordinate court within twenty-four hours after he has been so taken into custody, inquire into the case, and, unless the offence appears to the officer to be of a serious nature, release the person on his executing a bond, with or without sureties, for a reasonable amount to appear before a subordinate court at a time and place to be named in the bond."
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