Police Enforce Bill of Rights

Police Enforce Bill of Rights

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Elisha Otieno, Benson Amadala, Geoffrey Rono and Stella Cherono

29 August 2010


Nairobi — Police have started implementing the rule requiring them not to detain suspects for more than 24 hours.

Most suspects arrested on Friday over petty offences parts of the country were released on free bond at the weekend.

At the Migori police station, Nyanza Province, suspects arrested on Friday, which was a holiday, were given free bonds to appear in court this week.

The district police boss, Mr Erick Mugambi, said they had received memos from the headquarters directing them to enforce the Bill of Rights which outlaws confinement of a suspect for more than 24 hours.

"My cell is empty and we are already conforming to the new constitution," he said.

In Western Province, suspects arrested for petty offences were released on free bond. However, there was confusion over those held on serious offences like assault, violent robbery and murder.

The provincial police chief, Mr King'ori Mwangi, said he had issued specific instructions to all divisional police commanders to ensure the rights of suspects in custody were not violated.

"Make sure the Bill of Rights regarding arrested persons is quickly observed and respected. You (divisional commanders) and your officers commanding stations will be held accountable for any abuses," Mr Mwangi wrote to the officers.

He said measures had been taken to ensure police were working in tandem with the new laws.

Confusion over capital offences

A senior police officer in Rift Valley Province said petty offenders had been released on free bond or cash bail. He said the deadline does not apply to capital offences.

Under the old law those accused of capital offences could be detained for up to two weeks, but the new law is silent on the period.

The Bill of Rights stops the police from arbitrarily arresting someone or searching private property.

The law enforcers are required to explain to the arrested person, in a language that they understand, why they are being arrested.

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