'Rights during investigation - remain silent' in document 'Kenya - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER FOUR –– THE BILL OF RIGHTS

Part 2—Rights and fundamental freedoms

49. Rights of arrested persons.

(1) An arrested person has the right—

(a) to be informed promptly, in language that the person understands, of—

(ii) the right to remain silent ; and
(iii) the consequences of not remaining silent ;

(b) to remain silent ;

CHAPTER FOUR –– THE BILL OF RIGHTS

Part 2—Rights and fundamental freedoms

49. Rights of arrested persons.

(1) An arrested person has the right—

(d) not to be compelled to make any confession or admission that could be used in evidence against the person ;

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence