Hey there! Have you ever been in a situation where you were arrested in Kenya and left wondering what your rights are? Or maybe you’ve heard about the reading of Miranda rights in almost every Hollywood movie arrest and are curious to know what they mean.
Well, you’ve come to the right place!
Although Kenya doesn’t have many similarities to laws in the US, individuals still have certain rights protected under the constitution.
This article will cover everything you need to know about Miranda rights and your rights when arrested in Kenya, including the right to remain silent, the right to legal representation, and more. So, let’s jump right in and learn all about Miranda rights in Kenya!
The History Of Miranda Rights
Miranda rights are constitutional rights that every individual has when the police arrest them.
These rights come from the US Supreme Court landmark case Miranda v. Arizona, which held that the Fifth Amendment to the US Constitution requires that law enforcement officials advise suspects of their rights before conducting a custodial interrogation.
Miranda rights originated from the case of Ernesto Miranda, who was arrested as a suspect in a rape and kidnapping case in the US in 1963.
Ernesto Miranda was detained and interrogated by the arresting officers, who managed to obtain a confession from him, which was later used to secure his conviction. Miranda received a 20-year jail term subsequently.
Later on, Miranda filed an appeal on the grounds that the officers did not inform him of his rights at the time of his arrest.
In 1966, the Supreme Court of Arizona quashed his conviction and sentence due to not being informed of his rights. However, Miranda went through a re-trial and was convicted again, this time receiving a 30-year-long prison sentence.
As a result of this case, the Supreme Court ruled that suspects in criminal proceedings must be informed of their rights before being questioned by law enforcement. These rights include the right to remain silent and the right to an advocate.
Do Miranda Rights Apply in Kenya?
Kenya does not use the term Miranda rights but adopted similar laws, The Rights of Arrested Persons under the “Bill of Rights” in Article 49 of the Constitution of Kenya, as part of its legal system in 2010.
Kenya’s Constitution guarantees individuals certain rights, including the right to know why they’re getting arrested, the right to remain silent, and the right to legal representation.
Under this law, police officers should not compel suspects to confess to anything, as any confessions obtained in this manner are not admissible in court and could lead to re-trials or acquittals.
Remember that while the confessions may not be admissible in court, they can guide the investigation to get a conviction, especially if you committed the offense.
Kenya’s Rights of Arrested Persons are similar to Miranda rights and are protected under the Constitution.
The right to be informed of these rights and to have them respected is crucial in protecting the rights of the accused.
Understanding Your Rights When Arrested in Kenya
When you are arrested in Kenya, knowing your rights is crucial. Below are some of the rights that every individual has when arrested:
1. The Right to Remain Silent
You have the right to remain silent and not say anything that could incriminate you. Anything you say can and will be used against you in court.
2. The Right to Legal Representation
You have the right to an advocate. However, the state will provide one if you can’t afford a lawyer.
3. The Right to Know the Charges Against You
You have the right to be informed of the charges against you. This ensures that you understand why you have been arrested and what you are being charged with so you can plan your next cause of action.
4. The Right to a Fair and Speedy Trial
You have the right to a fair and speedy trial. This means that the trial should be conducted without unnecessary delay, and you have the right to a lawyer during the trial.
5. The Right to Be Treated Humanely
You have the right to be treated humanely while in custody. This includes receiving medical attention, food, and water.
The Role of Miranda Rights in Criminal Proceedings
Miranda rights are crucial to ensuring that suspects in criminal proceedings are treated fairly. By being informed of their rights, suspects can make informed decisions about how they wish to proceed with their cases.
The right to remain silent protects suspects from incriminating themselves, while the right to an attorney ensures they have legal representation. Note that not all crimes in Kenya warrant free legal representation from the government.
Not informing a suspect of the Rights of Arrested Persons during an arrest can have serious effects in Kenya.
Evidence obtained from an interrogation where the rights were not recited to a suspect may be thrown out in court, resulting in an acquittal or reduced charges.
What Happens If My Rights Are Violated During An Arrest In Kenya?
If the arresting officers violate your rights during an arrest, you can take legal action against the police officers or the department responsible.
It’s crucial to document any violation and seek legal representation immediately.
Conclusion
In conclusion, while Kenya does not have Miranda rights, individuals arrested in Kenya still have constitutional rights that are similar to Miranda rights. Understanding these rights is crucial to protect yourself if you ever get arrested.
Remember, if your rights are violated, you can take legal action against the police officers responsible.
Have you or someone you know been arrested? Call us today at +254 799 180 755 for legal representation.
