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Ask the Constitution

Can I stay silent if I am arrested?

Yes

Yes. An arrested person has the right to remain silent and cannot be forced to confess.

Article 49 gives an arrested person the right to remain silent, to talk to an advocate, and not to be compelled to make a confession or admission that could be used as evidence against them. Article 50 also gives an accused person the right to remain silent during the trial.

“not to be compelled to make any confession or admission that could be used in evidence against the person;”

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.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.It dependsDo I have a right to be released on bail after arrest?Usually yes, on reasonable conditions, unless there are compelling reasons not to release you.

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.