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; www.kenyalaw.org

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