You are here: Home Constitution of Kenya Chapter Four - The Bill of Rights Part 2. Rights and fundamental freedoms 51. Rights of persons detained, held in custody or imprisoned

Constitution of Kenya

51. Rights of persons detained, held in custody or imprisoned

(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.

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