Article 49 - Rights of arrested persons

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 34 Constitution of Kenya, 2010 (h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released. (2) A person shall not be remanded in custody for an offence if the offence is punishable by a fine only or by imprisonment for not more than six months.

Article 51 - Rights of persons detained, held in custody or imprisoned

(1) A person who is detained, held in custody, or imprisoned under the law, retains all the rights and fundamental freedoms in the Bill of Rights, except to the extent that any particular right or a fundamental freedom is clearly incompatible with the fact that the person is detained, held in custody or imprisoned. (2) A person who is detained or held in custody is entitled to petition for an order of habeas corpus.

Section 3 - Rights of persons deprived of liberty

(1) 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. (2) Nothing in this Act may be construed as limiting the rights and freedoms of persons deprived of liberty otherwise than in accordance with Articles 29(f) and 51 of the Constitution. (3) An institution holding persons detained in custody or imprisoned shall maintain a register which shall be used by the law enforcement official to record the following— (a) personal details of the person detained, including name, age and address; (b) physical condition of the person detained, held in custody or imprisoned; (c) reason for the detention, custody or imprisonment; (d) steps taken to ensure that the person arrested or detained is subjected to due process of the law; and (e) the medical history of the person detained, held in custody or imprisoned.

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 3 - Trial of offences under Penal Code and under other laws

(1) All offences under the Penal Code (Cap. 63) shall be inquired into, tried and otherwise dealt with according to this Code. (2) All offences under any other law shall be inquired into, tried and otherwise dealt with according to this Code, subject to any enactment for the time being in force regulating the manner or place of inquiring into, trying, or otherwise dealing with those offences. (3) Notwithstanding anything in this Code, the High Court may, subject to the provisions of any law for the time being in force, in exercising its criminal jurisdiction in respect of any matter or thing to which the procedure prescribed by this Code is inapplicable, exercise that jurisdiction according to the course of procedure and practice observed by and before the High Court of Justice in England at the date of the coming into operation of this Code. (4) Notwithstanding anything in this Code or any other written law, in relation to a person who is a member of the armed forces or police forces of another country lawfully present in Kenya as a consequence of an agreement between the government of that other country and the Government of Kenya, in which agreement provision is made in respect of offences under the Penal Code or any other written law for the detention or punishment of that person or the inquiry into, trial or other disposal of those offences, nothing done or omitted in accordance with such a provision shall be or shall be deemed to be unlawful or contrary to the provisions of this Code, or any other written law

Section 36 - Eligibility for Legal Aid

An applicant is eligible for legal aid if that person is— (a) an indigent person; (b) a resident of Kenya; and (c) a child; or (d) a refugee under the Refugees Act; or (e) a victim of human trafficking; or (f) an internally displaced person; or (g) a stateless person.

Section 40 - Application for Legal Aid:

A person who wishes to receive legal aid shall make an application to the Service in the prescribed form.

Section 43.1 - Duties of the Court

A court before which an unrepresented accused person is presented shall— (a) promptly inform the accused of the right to legal representation; (b) if substantial injustice is likely to result, promptly inform the accused of the right to have an advocate assigned to him or her; and (c) inform the Service to provide legal aid to the accused person.