Understand your rights and law . Most people get arrested over the weekend. Other innocent end up in jail for lack of knowledge and ignorance. Instead of calling me , your lawyer, family or friends read this 

Arrest-

 Lawful apprehension or restraining of a person by another who suspects him/her on reasonable grounds of having commited an offence or taking of a person into Lawful custody to answer according to law for some specified offence committed by him/her. 

A police officer or any other person effecting the arrest must have a reason or legal right to arrest.

Types of Arrest

1. Arrest without a warrant - for cognizable offences only-Sec. 29 criminal procedure code(CPC)

2. Arrest with a warrant- for non- cognizable offences- sec 106-117 CPC 

3.Arrest by private person-Either with or without a warrant

4. Arrest by a magistrate -sec 38 CPC

POINTS TO CONSIDER BEFORE MAKING ARREST

(A) Whether the offense is cognizable or not

(B) Gravity or seriousness of the offense

(C) Availability of the evidence against the person to be arrested.

(D) Whether the accused or the person to be arrested is likely to commit other offences such as forgery, murder, -- an accused person who is wanted for assault if not arrested immediately can easily commit murder, so prevent other offences.

(E) Whether members of public are likely to cause injury to the person or property.

(F) The status of the person to be arrested and his position in the society.

RIGHT OF ARRESTED PERSON

Detective Munene: Constitution of Kenya

#Rights of arrested persons

 Chapter Four - The Bill of Rights Part 2. Rights and fundamental freedoms Hits: 108902

NB. 

(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 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.

Right of Detained person

a) Communicate -; With and receive visits of members of the family subject only to reasonable conditions and restrictions (where exceptional needs of orders subject to approval from the ministry)

b)Inform family members of Arrest and detention and place of detention

c) Access to doctors and general medical assistance when required and 

d)Lodge complaints against ill- treatment and the right to compensation, which shall be investigated by the IPOA, private investigator or authorized body. 

 Stay Safe avoid unnecessary fights .. Blessed weekend tips