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KenyaSimplified

Chapter 4, Part 2 · Art. 51

Rights of persons detained, held in custody or imprisoned

2010-as-amended · effective 2010-08-27

Official text

(1) A person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Bill of Rights, except to the extent that any particular right or a fundamental freedom is clearly incompatible with the fact that the person is 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.
(3) Parliament shall enact legislation that—
  (a) provides for the humane treatment of persons detained, held in custody or imprisoned; and
  (b) takes into account the relevant international human rights instruments.
In simple words
  • Even if you are detained or in prison, you keep your rights in the Bill of Rights.
    Art. 51(1)

    (1) A person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Bill of Rights, except to the extent that any particular right or a fundamental freedom is clearly incompatible with the fact that the person is detained, held in custody or imprisoned.

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  • If you are detained, you can ask a court for a habeas corpus order (an order to bring you before a court).
    Art. 51(2)

    (2) A person who is detained or held in custody is entitled to petition for an order of habeas corpus.

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Kids explanation
  • Even people in prison still have rights and must be treated well.
    Art. 51(1)

    (1) A person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Bill of Rights, except to the extent that any particular right or a fundamental freedom is clearly incompatible with the fact that the person is detained, held in custody or imprisoned.

    Read the full article →