Persons Deprived of Liberty Act

3. Rights of persons deprived of liberty

Edition: 2022-12-31 · In force

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.

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Source: Kenya Law