Last Change:

02/26/2025

The Persons Deprived of Liberty Act

Year: 2014

Type: Domestic law

Rights Category: Liberty & security of person

Description

The Persons Deprived of Liberty Act, 2014 ensures the humane treatment and protection of the rights of individuals in detention or custody in Kenya. It mandates respect for human dignity, guarantees access to due process, and outlines rights such as communication with family, consular assistance for foreign nationals, and legal aid notification. The Act prohibits torture, inhumane treatment, and unreasonable searches while ensuring detainees are informed of their rights and the reasons for their detention. It provides a legal framework for upholding constitutional and international standards for persons deprived of liberty.

Selected provisions
Section 3 - Rights of Persons Deprived of Liberty

Every person deprived of liberty is entitled to the protection of all fundamental rights and freedoms subject to such limitations as may be permitted under the Constitution.

Section 4 - Limitation of Right to Privacy

The right to privacy set out in Article 31 of the Constitution, may be limited in respect of a person deprived of liberty—
(a) if the limitation is for the purposes of maintenance and preservation of national security to the extent provided for in the Constitution;
(b) if the limitation is for the purposes of security and safety of law enforcement officials and the persons deprived of liberty under their care;
(c) where the enjoyment of that right prejudices or is likely to prejudice the rights and fundamental freedoms of others;
(d) where there is need for humanitarian assistance of migrants, refugees, asylum or refugees status seekers, stateless and undocumented persons;
(e) where there is need for psychiatric treatment of persons with mental, or sensory disabilities; or
(f) if the limitation of the right is for the purposes of the security and safety of children, elderly persons and persons with disability.

Section 5.1 - Right to Humane Treatment and Human Dignity:

A person deprived of liberty shall at all times be treated in a humane manner and with respect for their inherent human dignity.

Section 6 - Additional Rights upon Arrest

In addition to the rights conferred to an arrested person under the Constitution, or any other written law an arrested person has the right to—
(a) a reasonable opportunity to secure any personal property within their possession that is not subject to exhibition as evidence in relation to any charge; and
(b) notification of legal aid where it is available and its use.

Section 7 - Due Process of the Law

Subject to Articles 50 and 51 of the Constitution, any person arrested and held in lawful custody in relation to any criminal proceedings is entitled to the due process of law, and in particular—
(a) the right to be promptly informed in a language the person understands of the reasons for their deprivation of liberty and of the charges, if any, preferred against them;
(b) a fair hearing and trial in accordance with the law relating to criminal procedure;
(c) the right to present their defence either personally or by a defence counsel of the person's choice;
(d) the right to be informed of their constitutional rights and guarantees relating to personal liberty and other fundamental rights and freedoms;
(e) the right to be informed of the basis for limitation of the rights referred to in paragraph (d) consistent with their arrest or detention;
(f) the right to access the services of an interpreter or other intermediary during detention and legal proceedings;
(g) the right to communicate with their family or other person of one's choice;
(h) the right not to be compelled to make a confession;
(i) the right not to be compelled to plead guilty to any charge preferred against them; and
(j) the right to communicate privately with their advocate.

Section 8.1 - Right to Communicate

A person deprived of liberty shall have the right to communicate whether by telephone or other means with any person of his or her choice in any of the following circumstances—
(a) upon the first instance of detention, being held in custody or imprisonment; and
(b) upon transfer or movement from one institution to another.

Section 10.1 - Restriction on Searches:

A person deprived of liberty shall not be subjected to an unreasonable body search.

Section 11.1 - Aliens Deprived of Liberty:

Aliens deprived of liberty, shall be informed, without delay and in any case before they make any statement to the competent authorities, of their right to consular or diplomatic assistance, and to request that consular or diplomatic authorities be notified of their deprivation of liberty forthwith.