Receiving a phone call from a police officer asking you to report to a police station can leave you with several questions. However, before making any decision, it is important to understand what Kenyan law says about police invitations.
Section 52 of the National Police Service Act provides for written requisitions requiring people believed to have information relevant to an investigation to attend a police station or police office.
This means that written communication is an important part of the legal process. A police officer can require someone to attend and assist with investigations through a written notice.
However, many people may not know what to do when the first communication comes through a telephone call.
One sensible step is to politely ask the officer to provide a written invitation. You can also request the name of the investigating officer, the police station, the date and time of the proposed meeting, and clarification about the matter being investigated.
These details can help you understand why your attendance is required and make the necessary preparations.
Kenyan law also provides important protections for individuals questioned by police. Under Article 49 of the Constitution, arrested persons have the right to remain silent and communicate with an advocate.
Section 52(3) of the National Police Service Act also protects individuals from being compelled to answer questions that may expose them to criminal charges, penalties or forfeiture.
However, receiving a telephone call does not automatically mean that the police request is unlawful. Equally, the absence of a written invitation should not be treated as permission to ignore the police.
Legal experts generally advise people who are concerned about possible criminal accusations to seek advice from an advocate before attending an interview or giving a statement.
Knowing your rights is important, but cooperating with lawful investigations is equally necessary.
Source:
https://klrc.go.ke/index.php/constitution-of-kenya/110-chapter-four-the-bill-of-rights/112-part-2-rights-and-fundamental-freedoms/215-49-rights-of-arrested-persons?utm_source=chatgpt.com
By Suzzy Owiti
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