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Ask the Constitution

Can a politician or minister order the police to arrest a particular person?

No

No. Politicians and ministers cannot direct police investigations or arrests of particular people. Only the DPP may direct the Inspector-General, in writing, to investigate.

Article 245 gives the Inspector-General independent command of the National Police Service. The Cabinet Secretary may give written policy directions only. No person may direct the Inspector-General on investigating particular offences, enforcing the law against particular people, or hiring, posting or firing officers. The one exception is Article 157(4): the Director of Public Prosecutions may direct the Inspector-General, in writing, to investigate any allegation of criminal conduct.

“no person may give a direction to the Inspector-General with respect to— (a) the investigation of any particular offence or offences; (b) the enforcement of the law against any particular person or persons;”

Article 245: Command of the National Police Service

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More questions like this

NoCan police arrest me without telling me why?No. An arrested person must be told promptly, in a language they understand, the reason for the arrest.NoCan police hold me for days without taking me to court?No. You must be brought before a court within 24 hours, or by the end of the next court day if that time ends outside court hours.YesCan I stay silent if I am arrested?Yes. An arrested person has the right to remain silent and cannot be forced to confess.NoCan police beat or torture someone to get information?No. Everyone has the right not to be tortured or treated in a cruel, inhuman or degrading way, and this right can never be limited.

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.