Every arrested person in Kenya is guaranteed to certain rights until he/she is presented in court. Chapter four of the constitution, the Bill of rights provides for these rights under Article 49. They are:

i) An accused person has the right to be informed promptly in a language that he/she understands of the:
- reason for the arrest
-right to remain silent and
-the consequences of not remaining silent.
ii) An accused person has the right to communicate with an advocate and other persons whose assistance is necessary.
iii) The right to remain silent.
iv) Not to be compelled to make any confession or admission that could be used in evidence against the person.
v) To be brought before a court as soon as reasonably possible, but not later than.
-twenty-four hours after being arrested, and
-if the twenty-four hours end outside the ordinary court hours, or on a day that is not an ordinary court day, the end of the next court day.
vi) To be held separately from persons who are serving sentence.
vii)To be release on bond or bail, on reasonable terms, pending a charge or trial unless there are compelling reasons not to be released.
viii) The right to be charged or informed of the reason for the continued detention, at the first court appearance.