Constitution of Kenya, 2010
likely to be adversely affected by administrative action, the person has
the right to be given written reasons for the action.
(3) Parliament shall enact legislation to give effect to the rights in
clause (1) and that legislation shall—
(a) provide for the review of administrative action by a court or, if
appropriate, an independent and impartial tribunal; and
(b) promote efficient administration.
Access to justice.
48. The State shall ensure access to justice for all persons and, if
any fee is required, it shall be reasonable and shall not impede access
to justice.
Rights of arrested persons.
49. (1) An arrested person has the right—
(a) to be informed promptly, in language that the person
understands, of—
(i) the reason for the arrest;
(ii) the right to remain silent; and
(iii) the consequences of not remaining silent;
(b) to remain silent;
(c) to communicate with an advocate, and other persons whose
assistance is necessary;
(d) not to be compelled to make any confession or admission that
could be used in evidence against the person;
(e) to be held separately from persons who are serving a
sentence;
(f) to be brought before a court as soon as reasonably possible,
but not later than—
(i) twenty-four hours after being arrested; or
(ii) if the twenty-four hours ends outside ordinary court hours,
or on a day that is not an ordinary court day, the end of
the next court day;
(g) at the first court appearance, to be charged or informed of the
reason for the detention continuing, or to be released; and
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