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Kenyan law gives police officers certain powers to enter, search, or arrest without a warrant in specific situations.
These exceptions aim to help officers act swiftly to protect public safety or prevent crime. But they are also balanced by constitutional safeguards to protect your rights.
Here’s what you need to know about these police powers, when they can be used, and the legal protections in place.
According to the National Police Service Act, police officers may enter and search premises without a warrant if they have reasonable cause to believe:
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Evidence related to an alleged offence is inside, and delaying to get a warrant would jeopardise the investigation.
A suspect, against whom a warrant of arrest has been issued or who is reasonably suspected of committing a serious crime, is inside the premises.
Aftermath of chaos during EACC raid at Gov Natembeya's home
In such cases, the police must first ask for free entry. If refused, and after identifying themselves and explaining their purpose, they can use reasonable force, even breaking doors or windows if necessary, to gain entry.
This is allowed under Section 57 of Kenya’s National Police Service Act, which is guided by the Constitution to ensure your rights are not arbitrarily violated.
Police can stop, search, and detain any vehicle or vessel if they have reasonable cause to suspect it is being used in the commission of an offence.
If you fail to stop when signalled by a uniformed police officer, you could face up to 12 months in prison or a fine of up to Sh100,000, or both, upon conviction.
If you cooperate and provide your name and address to the officer’s satisfaction, you may avoid being arrested on the spot and instead be requested to honour a summons.
A police officer arresting a boda boda rider
Whenever an officer uses these powers, they are required by law to:
Identify themselves beforehand
Record the action taken
Record any items seized
File a report of the search or arrest and submit it to a superior officer
These measures aim to provide accountability and transparency, protecting citizens from abuse of power.
Police officers on duty
In some circumstances, police can arrest you without a warrant. The law allows this if:
You are accused of committing aggravated assault, and the officer believes there are reasonable grounds for the accusation
You obstruct a police officer on duty
You try to escape from lawful custody
You are caught breaching the peace in the officer’s presence
You are found with suspected stolen goods or linked to an offence involving those goods
You are reasonably suspected of deserting the armed forces or any disciplined service
You are suspected on reasonable grounds of having committed or about to commit a felony
There is reasonable cause to believe a warrant of arrest has been issued against you
These powers are subject to Article 49 of the Kenyan Constitution, which guarantees your right to be informed of the reason for your arrest, your right to remain silent, and your right to legal representation.
While police powers to search and arrest without a warrant help maintain law and order, they must follow clear legal procedures and respect constitutional rights.
READ ALSO: When is a plainclothes arrest lawful? Know your rights
File image of a police vehicle surrounded by members of the public
If you believe your rights were violated during a search or arrest, you have the right to challenge it in court.