Handful of Kangema Residents; young and old men and women who were enjoying themselves with liquor in different Bars and Restaurants were arrested yesterday and in the course of this week in operations which has been on going across Kangema.
It is a good move to enact Government's guidelines in curbing Covid 19 disease But Kangema police need to observe decorum as they continue with their noble cause "Utumishi Kwa Wote" to avoid fracas like the one observed this week where police officers were beaten and chased away by angry residents for assulting drunkards in one of the local bar which usually leads to casualties.
According to Chapter Four of Kenyan Constitution on Bill of Rights, Article 39 on the Rights of arrested persons states that;
(1) An arrested person has the right--
(a) to be informed promptly, in language that the person understands, of--
(i) the reason for the arrest;
(ii) the right to remain silent; and
(iii) the consequences of not remaining silent;
(b) to remain silent;
(c) to communicate with an advocate, and other persons whose assistance is necessary;
(d) not to be compelled to make any confession or admission that could be used in evidence against the person;
(e) to be held separately from persons who are serving a sentence;
(f) to be brought before a court as soon as reasonably possible, but not later than--
(i) twenty-four hours after being arrested; or
(ii) if the twenty-four hours ends outside ordinary court hours, or on a day that is not an ordinary court day, the end of the next court day;
(g) at the first court appearance, to be charged or informed of the reason for the detention continuing, or to be released; and
(h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.
(2) A person shall not be remanded in custody for an offence if the offence is punishable by a fine only or by imprisonment for not more than six months.
But on most arrests the arrested persons has no rights and are usually assulted by police even without any prompt knowledge of reasons behind arrests and any enquiry has a response "kila raia anakuanga na makosa twende ukajulie mbele!" And incase of any objections you're told, "hata utoe pesa ngapi wewe, leo unalala ndani!"
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