[2009] Evidence Cap 80 63 (f) has his duration, including date and time of arrest and detention in police custody, established and recorded; (g) has his medical complaint, if any, adequately addressed; (h) is availed appropriate communication facilities; and (i) communicates with the third party nominated by him under paragraph (3) prior to the caution to be recorded under rule 5. (2) The recording officer shall not record a confession from any accused person who complains to him of being a victim of torture or whose physical appearance shows signs of physical injuries including open wounds, body swelling, or shows extraordinary fatigue or any other indicators that would suggest that the accused person has been tortured. (3) The recording officer shall ask the accused person to nominate a third party who shall be present during the duration of the confession session, and upon the appearance of the third party, the recording officer shall record the third party’s particulars and relationship to the accused person. 5. (1) The recording officer shall caution the accused person in Caution to the accused person. the following terms and shall record his response: “Do you wish to say anything? You are not obliged to say anything unless you wish to do so but whatever you say will be taken down in writing and may be given in evidence.” (2) While recording the confession, the recording officer shall ensure, and record compliance, that where the confession session is prolonged, the session included rest and relaxation periods. (3) The recording officer shall ensure that the confession is recorded at the same time it is made and shall record the date and time of commencement of the confession session and the place where the confession is recorded. 6. (1) Subject to paragraph (2), the recording officer may record Electronic recording media. the confession of an accused person on electronic recording media. (2) Where the recording officer records the confession of an accused person on the electronic recording media – (a) the accused person shall be notified of such recording and of his right to object and the notification and any response thereto by the www.kenyalaw.org