62
Evidence
L.N. 41/2009.
Citation
Cap 80
[2009]
THE EVIDENCE (OUT OF COURT CONFESSIONS)
RULES, 2009
1. These Rules may be cited as the Evidence (Out of Court
Confessions) Rules, 2009.
2. In these Rules, except where the context otherwise
requires –
Interpretation.
“Act” means the Evidence Act;
Cap. 80.
“electronic recording media” includes any removable or physical
audio recording medium; and
“recording officer” means a police officer (other than the
investigating officer) who is not below the rank of Chief Inspector of
Police.
Availability of Rules.
3. These Rules shall be readily availed by the Attorney-General
for reference by police officers, accused persons and members of the
public and in particular, shall –
unit;
(a) be displayed prominently at every police station and police
(b) upon request, be made available by a police officer, in a form
of a copy, to an accused person.
Rights of accused
person.
4. (1) Where an accused person intimates to the police that he
wishes to make a confession, the recording officer shall take charge of
the accused person and shall ensure that the accused person –
(a) has stated his preferred language of communication;
(b) is provided with an interpreter free of charge where he does
not speak either Kiswahili or English;
(c) is not subjected to any form of coercion, duress, threat,
torture or any other form of cruel, inhuman or degrading treatment or
punishment;
(d) is informed of his right to have legal representation of his
own choice;
(e) is not deprived of food, water or sleep;
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