Rights of persons detained, held in custody or imprisoned
People who are detained, in custody or in prison keep all Bill of Rights rights, except those clearly incompatible with being detained. They may petition for habeas corpus, and Parliament must legislate for their humane treatment.
The official text
(1) A person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Bill of Rights, except to the extent that any particular right or a fundamental freedom is clearly incompatible with the fact that the person is 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.
(3) Parliament shall enact legislation that—
(a) provides for the humane treatment of persons detained, held in custody or imprisoned; and
(b) takes into account the relevant international human rights instruments.
Summaries and answers are a plain-English guide written by Iam254, not legal advice. The official text is what counts. Official text: Constitution of Kenya, 2010, Kenya Law (National Council for Law Reporting), legislation as at 3 September 2010. It has not been amended since.