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Ask the Constitution

Do I have a right to be released on bail after arrest?

It depends

Usually yes, on reasonable conditions, unless there are compelling reasons not to release you.

Article 49 gives an arrested person the right to be released on bond or bail on reasonable conditions while waiting for a charge or trial, unless there are compelling reasons not to. It also says no one may be remanded in custody for an offence punishable only by a fine or by up to six months in prison.

“to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.”

Article 49: Rights of arrested persons

Read the Articles

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.