Criminal Law: Rights of an Accused Person in Kenya

The rights of an accused person in Kenya are divided into right before trial, rights during trial and rights after trial. The rights of accused include right to have a fair trial, get bail, hire a criminal lawyer, get free legal aid, and many more.

Every person is entitled to thebasic human rights, fundamental rights under the Kenyan Constitution and certain legal rights under various laws. These rights are provided to a person, irrespective of the fact that person is accused of a crime.These rights are given to an accused in Kenya on the lines that ‘let hundreds go unpunished, but never punishan innocent person. The rights of accused in Kenya are provided at different stages which include right an accused before his trial begins, rights of accused during a court trial, and right of an accused after his trial is completed. Here’s a complete list of rights of an accused in Kenya:

Pre-Trial Rights of the Accused
Any person who is accused of committing a crime has been given some rights so that his freedom and liberty are not hampered. The first stage of a trial is the pre-trial stage where an FIR is filed on the basis of which the police arrests a person, searches his property. The stage prior to the commencement of a court trial is extremely crucial and any person accused of a crime must be granted the following rights:

1. Right to know about the accusations and charges:Under The Criminal Procedure Code (CPC), , the accused person has the right to know the details of the offence and the charges that are filed against him.
2. Right against wrongful arrest:
The right is provided only in cases where a warrant is issued. The Constitution provides that a person arrested must be produced before a Judicial Magistrate within 24 hours of arrest.
3. Right to privacy and protection against unlawful searches:
The police officials cannot violate the privacy of the accused on a mere presumption of an offence. The property of an accused cannot be searched by the police without a search warrant.
4. Right against self-incrimination:A person cannot be compelled to be a witness against himself.
5. Right against double jeopardy:A person cannot beprosecuted and punished for the same offence more than once. 
6. Right against ex-post facto law:
A person cannot be tried for an offence that was earlier a crime and now is not. This means that retrospective effect a law is not applicable. An act that was not a crime on the day when it was done, cannot be considered as an offence
7. Bail as a right of the accused:An accused person has the right to file a bail application to be released from jail custody. There are three kinds of bail under Kenyan law- anticipatory bail, interim bail and bail by a bond. A bail application for normal bail can be filed only in case of bailable offences. However, a person can also file an anticipatory bail through his criminal lawyer, before his arrest.
8. Right to legal aid:An accused person has the right to hire a lawyer to defend him and in case, he is not able to afford a lawyer, the State has to provide free legal aid to him for his representation in court.
9. Right to a free and expeditious trial:An accused has the right to have an expeditious trial, which is free of any bias or prejudice.

Rights of the Accused During the Trial
There are many rights of an accused provided for the time period when his trial is ongoing in the court. It has been observed that the State has to ensure that due process of law is followed, the accused gets a quick and impartial trial, the accused is not subjected to torture or forced to implicate himself. The rights of an accused during trial include the following:
1. Right to be present during trial:
the CPC provides that all evidence andstatements must be recordedin presence of the accused orhis criminal lawyer.
2. Right to get Copies of Documents:The accused has the right to receive copies of all the documents filed by the prosecutor in relation to the case.
3. Right to be considered Innocent till proven guilty:The accused has the right to be considered innocent until his guilt is proven in court on the basis of evidence and statements by witnesses.
4. Right to be present at the trial: The accused person has the right to be present during his trial and have testimony presented in front of him.
5. Right to cross-examination:The accused has the right to be cross-examined by the prosecutor to prove his innocence.

Post-Trial Rights of the Accused
An accused person also has certain rights once his trial is over. These rights depend upon the outcome of his trial,i.e. whether he has been acquitted by the court, or he has been held guilty and arrested by police.Right of an Accused if declared Innocent When a person is declared innocent and acquitted by the court, the following rights are given to him:
1. Right to get a copy of judgement
2. Right to receive protection by police if there are reasons to believe there is a threat to his life post-acquittal.

Rights of an Arrested Person
1. Right to Appeal:The rights of arrested persons include the right to file an appeal against his conviction in a higher court.
2. Right to Humane Treatment in Prison:The accused has a right to have all his human rights when in prison and be subjected to humane treatment by the prison authorities
3. Right to have Family Visits in Jail
4.Right against solitary confinement.There are numerous rights of an accused given to him before his trial, during his trial or after his acquittal or conviction. A person who is accused of committing a crime must consult a criminal lawyer to file for a bail application or when his rights are violated at any stage.