This archive report was first published on 20 May 2020.
LEGAL AID: What happens when you're arrested for loitering? ¶
Published on May 20, 2020
By Eric Mukoya, Executive Director at Legal Resources Foundation Trust
As a society, we often see police arresting people at night, and it's not uncommon for individuals to be victims of such incidents. In a recent case, a cousin of the author was arrested and had to be bailed out, leading to the question: what happens when someone is arrested at night?
According to the Constitution, Article 49 outlines the rights of arrested persons, which include being informed of the reason for arrest, allowed communication with an advocate or someone who can assist, not being compelled to any confessions or admissions, and being taken to a court of law within 24 hours on a charge defined in law.
Police have the authority to release an arrested person on a police bond, which can range from KES 0 to 10,000, pending their scheduled court appearance. However, it's essential to note that bribery is not an acceptable solution, as it undermines the rule of law.
Loitering is one of the charges that may be applied, but the court determines the offense based on the circumstances. Other crimes that may be charged include preparation to commit a felony, drunk driving, common nuisance, and breaching curfew hours during quarantine.
The court's primary function is to dispense justice, and determining culpability is based on evidence proving beyond reasonable doubt. Conviction does not necessarily lead to a jail term, as options include fines or community service orders.
Eric Mukoya is the Executive Director at Legal Resources Foundation Trust, a non-profit human rights organization. He is passionate about improving legal literacy and access to justice through public education platforms.
Do you have a legal problem you'd like addressed by a lawyer? Please email your queries to us.
