PART III – GENERAL PROVISIONS

ARREST, ESCAPE AND RETAKING

Arrest Generally

21. Arrest
(1) In making an arrest the police officer or other person making it shall actually touch or confine the body of the person to be arrested, unless there be a submission to custody by word or action.
(2) If a person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, the police officer or other person may use all means necessary to effect the arrest.
(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.

PART III – GENERAL PROVISIONS

ARREST, ESCAPE AND RETAKING

Arrest Without Warrant

29. 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;
(b) any person who commits a breach of the peace in his presence;
(c) any person who obstructs a police officer while in the execution of his duty, or who has escaped or attempts to escape from lawful custody;
(d) any person in whose possession anything is found which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence with reference to that thing;
(e) any person whom he suspects upon reasonable grounds of being a deserter from the armed forces;
(f) any person whom he finds in a highway, yard or other place during the night and whom he suspects upon reasonable grounds of having committed or being about to commit a felony;
(g) any person whom he finds in a street or public place during the hours of darkness and whom he suspects upon reasonable grounds of being there for an illegal or disorderly purpose, or who is unable to give a satisfactory account of himself;
(h) any person whom he suspects upon reasonable grounds of having been concerned in an act committed at a place out of Kenya which, if committed in Kenya, would have been punishable as an offence, and for which he is liable to be extradited under the Extradition (Contiguous and Foreign Countries) Act (Cap. 76) or the Extradition (Commonwealth Countries) Act (Cap. 77);
(I) any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on that person, any implement of housebreaking;
(j) any released convict committing a breach of any provision prescribed by section 344 or of any rule made thereunder;
(k) any person for whom he has reasonable cause to believe a warrant of arrest has been issued.

30. Arrest of vagabonds, habitual robbers, etc.
An officer in charge of a police station may in the same manner arrest or cause to be arrested—
(a) any person found taking precautions to conceal his presence within the limits of the station under circumstances which afford reason to believe that he is taking those precautions with a view to committing a cognizable offence;
(b) Repealed by Act No. 5 of 2003, s.61;
(c)Repealed by Act No. 5 of 2003, s.61.

31. Procedure when police officer deputes subordinate to arrest without warrant
When an officer in charge of a police station requires an officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant under section 30, he shall deliver to the officer required to make the arrest an order in writing specifying the person to be arrested and the offence or other cause for which the arrest is to be made.

32. Refusal to give name and residence
(1) When a person who in the presence of a police officer has committed or has been accused of committing a non-cognizable offence refuses on the demand of the officer to give his name and residence, or gives a name or residence which the officer has reason to believe to be false, he may be arrested by the officer in order that his name or residence may be ascertained.
(2) When the true name and residence of the person have been ascertained he shall be released on his executing a bond, with or without sureties, to appear before a magistrate if so required:
Provided that if the person is not resident in Kenya the bond shall be secured by a surety or sureties resident in Kenya.
(3) Should the true name and residence of the person not be ascertained within twenty-four hours from the time of arrest, or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be taken before the nearest magistrate having jurisdiction.

33. Disposal of persons arrested by police officer
A police officer making an arrest without a warrant shall, without unnecessary delay and subject to the provisions of this Code as to bail, take or send the person arrested before a magistrate having jurisdiction in the case or before an officer in charge of a police station.

34. Arrest by private person
(1) A private person may arrest any person who in his view commits a cognizable offence, or whom he reasonably suspects of having committed a felony.
(2) Persons found committing an offence involving injury to property may be arrested without a warrant by the owner of the property or his servants or persons authorized by him.

PART VII – ARREST OF PERSON SUBJECT TO THE ACT

Offences concerning Courts Martial and other Authorities

139. Conditions for an arrest
(1) A person subject to this Act who is found committing an offence under this Act, or is alleged to have committed or is reasonably suspected of having committed an offence under this Act, may be arrested without warrant in accordance with this section.
(2) An officer may be arrested by an officer of superior rank, or, if engaged in a quarrel or disorder, by an officer of any rank.
(3) A service member or cadet may be arrested by an officer, a warrant officer or a non-commissioned officer, but shall be arrested only by a person of superior rank.
(4) A member of the military police may arrest any officer or service member, but an officer shall be arrested only on the order of another officer in accordance with subsection (2).
(5) A member of the military police may arrest a service member of any rank.
(6) The power of arrest given by this section may be exercised either personally, or by ordering the arrest of the person to be arrested or by giving orders for that person's arrest.