Rights during trial - remain silent

Kenya

Kenya - Constitution 2010 EN

CHAPTER FOUR –– THE BILL OF RIGHTS

Part 2—Rights and fundamental freedoms

50. Fair hearing.

(2) Every accused person has the right to a fair trial, which includes the right—

(i) to remain silent, and not to testify during the proceedings ;

Kenya - Criminal Procedure Code 1930 (2018) EN

PART VI – PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS

PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES

207. Accused to be called upon to plead
(4) If the accused person refuses to plead, the court shall order a plea of “not guilty” to be entered for him.

Rome Statute

Article 67 Rights of the accused

1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:

(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;