ADVOKS GLOBAL · KENYA
Persons Deprived of Liberty Act
27. Complaints by persons deprived of liberty
Edition: 2022-12-31 · In force
27. Complaints by persons deprived of liberty
(1)Any person deprived of liberty who considers that his or her right under this Act has been denied or violated may lodge a complaint either orally or in writing to the administrative officer in charge of the facility in which the person is detained.(2)In addition to the provisions of subsection (1), complaints may be instituted by a person acting on behalf of a person deprived of liberty who cannot act in their own name.(3)Where the complaint is made orally, the officer in charge shall cause it to be recorded in writing.(4)Upon receipt of the complaint, the officer in charge shall investigate and take reasonable measures to address the complaint and report the complaint and furnish the complainant with—(a)a written statement of the measures taken to address the complaint;(b)the recommendations made in settlement of the complaint.(5)The administrative officer in charge of a facility in which a person deprived of liberty is held shall maintain a register of complaints containing the following particulars—(a)name of the complainant;(b)nature of the complaint;(c)time and date the complaint was lodged;(d)the measures taken to address the complaint; and(e)the findings and recommendations made in settlement of the complaint.(6)Where a complaint is made against the officer in charge of the facility, the same may be lodged with the Cabinet Secretary, whereupon the procedure specified in subsections (3) and (4) of this section shall apply with necessary modification.(7)Any person dissatisfied by the findings and determination of a complaint by the officer in charge may within sixty days from the date the decision was notified to him or her, appeal to the Cabinet Secretary.(8)Nothing in this section limits the right of any person to lodge a formal complaint with the Commission on Administrative Justice or the Kenya National Commission on Human Rights in accordance with any written law.(9)Any law enforcement officer who wilfully obstructs, conceals or fails to act on a complaint lodged by or on behalf of a person deprived of liberty commits an offence and shall, upon conviction, be liable to a fine not exceeding five hundred thousand shillings or a term of imprisonment not exceeding two years, or to both.