Blue but bleeds Red

Well, I know we each have had an unpleasant encounter with the authorities, I surely did at a tender age, with all my naivety, something that made me vow to stay educated on matters of safety when it comes to the officers of the law. So today, I will share a few tips given to me by my dear friend, Rhoda, who is a lawyer – thank you for contributing to this platform. These are but the basics, and I would love for you to share your thoughts and experiences on matters related to any encounter you’ve had (no judgment here) as well as lessons learned from such relations.

First, let’s get schooled.

Our rights during arrests and offenses:

1. Rights during arrest

• Right to be promptly informed of the reasons for arrest
• Right to conditional release before being brought into police custody
• Right to remain silent
• Privilege against self-incrimination
• Right to privacy- with respect to instances which the police might seek to search
• Right to be informed of one’s rights

What happens when an individual’s rights are violated during an arrest?

Aside from the Constitutional backing whereby a claim for violation of article 49 rights can be pursued under article 22., there is also subsidiary legislation which is the National Police Service Act provides for;

1. The compensation of persons injured as a result of unreasonable, excessive, and disproportionate use of force during an arrest.
2. This also covers compensation of claimants where the force results in a fatality, and
3. The cases are reviewed by an administrative body and claimants may seek compensation in an ordinary civil suit.

How to identify police:

Ideally, Police Officers should have an identity card that provides information on their rank and post, however, I do not think that this is happening in practice.

The problem with the lack of identity documents is those police officers can at times carry out arrests in civilian clothing and this carries the challenge of exploitation by unscrupulous citizens.

What should happen at remand and jails?

Under the CPC, arrested persons can only be detained at a gazetted police station, which includes a police post and an administration police post normally situated in remote localities.

The National Intelligence Service Act authorizes secret-service officers to detain an arrested person temporarily in their offices.

Detention of arrested persons for offenses under the Penal Code e.g. theft, murder, etc. must always be under the supervision and jurisdiction of a police officer designated by law.

2. Rights at remand/jail:

• Prohibition of arbitrary or unlawful detention
• Right to be presumed innocent until proven guilty
• Right to be promptly charged or released
• Right to conditional release
• Right to be promptly brought before a judge
• Right to remain silent
• Privilege against self-incrimination
• Right to communicate- with either/both family and legal representatives
• Right to legal representation
• Right to an interpreter
• Right to be separated from different categories of arrested persons especially for child offenders
• Right to safe custody
• Right to humane conditions of detention
• Right to be informed of one’s rights

Community policing

It is an approach that transfers the focus of safety and security of the society from the responsibility of the Police to a collaborative partnership between the community and the police.

The common community policy is the Nyumba Kumi initiative anchored at the household level to aid in the prevention of crime, however, it has yet to be successful in Kenya and this can be attributed to the fact that it’s a concept borrowed from socialist countries and unlike in Tanzania which is founded on the Ujamaa philosophy there lacks a proper foundation for it here in Kenya.

Pros:

Police Force supported by the community and capable of arresting insecurity can have a far-reaching impact in enabling a lasting economic, social, and political development.

Cons:

There lies the need to reform the Police organization, re-orienting their shoddy public image and improving their service delivery, which means facing daunting political, financial, logistical, and historical obstacles.

What do we need to know?

Aside from knowing your rights as a citizen, you need to;

1. Know the rights, duties, and obligations of a police officer- to keep them accountable
2. Dispute resolution methods available
3. Keep a lookout for Arrest and Detention rules: check the National Police Service Act.

One of my biggest concerns with police officers is identification, we need to get to a point where any citizen can look up and verify their details on the spot. It’s just safer for all parties.

What’s your biggest issue with law enforcement?

Aiming to educate, learn and share.