CHAPTER FOUR –– THE BILL OF RIGHTS

Part 1—General Provisions relating to the Bill of Rights

29. Freedom and security of the person

Every person has the right to freedom and security of the person, which includes the right not to be —

(a) deprived of freedom arbitrarily or without just cause ;
(b) detained without trial, except during a state of emergency, in which case the detention is subject to Article 58 ;

CHAPTER FOUR –– THE BILL OF RIGHTS

Part 2—Rights and fundamental freedoms

49. Rights of arrested persons.

(1) An arrested person has the right—

(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 ;

CHAPTER FOUR –– THE BILL OF RIGHTS

Part 2—Rights and fundamental freedoms

51. Rights of persons detained, held in custody or imprisoned.

(2) A person who is detained or held in custody is entitled to petition for an order of habeas corpus.

PART XII – SUPPLEMENTARY PROVISIONS

DIRECTIONS IN THE NATURE OF HABEAS CORPUS

389. Power to issue directions of the nature of habeas corpus
(1) The High Court may whenever it thinks fit direct—
(a) that any person within the limits of Kenya be brought up before the court to be dealt with according to law;
(b) that any person illegally or improperly detained in public or private custody within those limits be set at liberty;
(c) that any prisoner detained in a prison situated within those limits be brought before the court to be there examined as a witness in any matter pending or to be inquired into in that court;
(d) that any prisoner so detained be brought before a court martial or commissioners acting under the authority of a commission from the President for trial to be examined touching any matter pending before the court martial or commissioners respectively;
(e) that any prisoner within those limits be removed from one custody to another for the purpose of trial; and (f) that the body of a defendant within those limits be brought in on a return of cepi corpus to a writ of attachment.
(2) The Chief Justice may make rules of court to regulate the procedure in cases under this section.

PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Questioning persons

8 5. (1) Where there are grounds to believe that a person who is to be questioned by a Kenyan agency following a request under paragraph 1 (c) of article 91 the Rome Statute has committed a crime within the jurisdiction of the ICC, the person—

(d) shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in the Rome Statute; and