Date of publication:
03/13/2025
Kenya
Do domestic laws and policies include provisions of human and dignified conditions of detention for forcibly displaced and stateless persons?
Assessment by population
Analysis
Kenya’s detention policies require that all individuals in custody be treated with dignity and provided with humane living conditions, ensuring that facilities meet international human rights standards. Detainees must have access to adequate food, clean water, sanitation facilities, medical care, and legal assistance, and detention centers must provide separation of juveniles from adult detainees, ensuring their safety. There are also independent monitoring mechanisms to prevent overcrowding, abuse, or ill-treatment in detention facilities. Refugees, asylum-seekers, and other vulnerable groups are entitled to special considerations, such as access to legal aid while in detention. Ensuring dignified detention conditions strengthens human rights protections and prevents the mistreatment of detainees.
Related provisions of domestic law or policy
The Constitution of Kenya
- Year: 2010
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2010/en/75699
Legal provision
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.
Article 29 - Freedom and security of the person
Every person has the right to freedom and security of the person, which includes the right not to be deprived of freedom arbitrarily or without just cause, detained without trial, except during a state of emergency, in which case the detention is subject to Article 58.
The Persons Deprived of Liberty Act
- Year: 2014
- Type: Domestic law
- Rights Category: Liberty & security of person
- Link to external source: http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/PersonsDeprivedofLibertyAct_20l4.pdf
Legal provision
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.
Act No. 30 of 2011, The National Police Service Commission Act 2011
- Year: 2011
- Type: Domestic law
- Rights Category: Liberty & security of person
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2011/en/102386?prevDestination=search&prevPath=/search?keywords=The+National+Police+Service+Act&order=desc&sm_country_name%5B%5D=Kenya&sort=score&result=result-102386-en
Legal provision
Section 95 - Prohibition of Torture and Cruel Treatment:
A police officer shall not subject any person to torture or other cruel, inhuman or degrading treatment.
Section 50 - Rights of Arrested Persons
A police officer shall accord an arrested person the rights set out under Articles 49, 50, and 51 of the Constitution.