'Rights during investigation - arbitrary arrest or detention and deprivation of liberty' in document 'Kenya - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER FOUR –– THE BILL OF RIGHTS

Part 1—General Provisions relating to the Bill of Rights

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 —

(a) deprived of freedom arbitrarily or without just cause ;
(b) detained without trial, except during a state of emergency, in which case the detention is subject to Article 58 ;

CHAPTER FOUR –– THE BILL OF RIGHTS

Part 2—Rights and fundamental freedoms

49. Rights of arrested persons.

(1) An arrested person has the right—

(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 ;

CHAPTER FOUR –– THE BILL OF RIGHTS

Part 2—Rights and fundamental freedoms

51. Rights of persons 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.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute