An arrest in a new place can be a disorienting experience, especially in a vibrant but unfamiliar city like Mombasa. Whether you are a resident, a tourist, or a business visitor, understanding your legal rights and the local procedures is critical. This complete guide provides you with the essential information you need to navigate an arrest in Mombasa with confidence.

1. Know Your Rights: Your Constitutional Shield
   
   

The Constitution of Kenya, 2010, is your most important tool. It provides a robust set of rights for all arrested persons, which police and judicial officers in Mombasa are bound to respect.

These include:
    The Right to Be Informed: The police must tell you why you are being arrested, in a language you understand.

    The Right to Remain Silent: Do not make any statement or admission without legal counsel present. Anything you say can be used against you.

    The Right to Legal Counsel: You have the right to communicate with a lawyer. Immediately request to speak with one. Do not answer questions until your lawyer is present.

    The 24-Hour Rule: The police must bring you before a court in Mombasa as soon as is reasonably possible, and no later than 24 hours after your arrest.

    The Right to Bail or Bond: You have a constitutional right to be released on bond or bail on reasonable conditions, pending a charge or trial, unless there are “compelling reasons” to deny it.

    The Right to Humane Treatment: You should not be subjected to torture, brutality, or any form of inhumane treatment. You must be provided with basic necessities like food, water, and medical care.

2. The First 24 Hours in Mombasa: Actions That Matter
   
   

The moments immediately following your arrest are the most critical.

    Stay Calm and Cooperative: While providing your personal details, do not discuss the alleged crime. Remain respectful but firm about your rights.

    Immediately Ask for a Lawyer: Clearly state, “I wish to speak with an advocate.” Repeat this if you are pressured to talk.

    Do Not Make a Statement: Your right to remain silent is your most powerful tool. Exercise it.

    Insist on a Translator: If you don’t understand the language, demand a translator. This is your right and a key part of ensuring a fair process.

3. From Police Station to Court: The Process
   
   

Once you are taken to a police station, these steps will follow:

     Booking and Detention: Your details will be recorded, and your personal belongings will be taken and itemized in a receipt book.

     Police Bail/Bond: For minor offenses, the officer in charge of a Mombasa police station may release you on a police bail or bond. This is a temporary release on the condition that you will appear in court on a specific date.

     First Court Appearance (Arraignment): Within 24 hours, you will be taken to a Mombasa court, such as the Shanzu Law Courts or the Mombasa Law Courts. The charges against you will be read out, and you will be asked to enter a plea.

     Bail Hearing: At this point, your lawyer will apply for court bail. The court will consider the “compelling reasons” not to grant bail, such as a flight risk or a threat to public safety. If granted, you will be released upon meeting the conditions, such as a specified bail amount or providing a surety.

4. Legal Aid and Professional Help in Mombasa

Having a lawyer is non-negotiable. An experienced Mombasa lawyer can:

• Ensure your rights are protected at every stage.
• Advise you on the charges and the best plea.
• Skillfully argue for your release on bail.
• Prepare your defense for a fair trial.
  
  

If you cannot afford legal services, you may be eligible for legal aid. The National Legal Aid Service (NLAS) has an office in Mombasa that provides legal assistance to indigent persons. You can also contact the Law Society of Kenya (LSK), which has a pro bono program.

5. Important Contacts
   
   

• National Legal Aid Service (NLAS) Mombasa Office: For assistance if you cannot afford a lawyer.
• Law Society of Kenya (LSK): Can provide a list of lawyers or assist with pro bono services.
• Independent Policing Oversight Authority (IPOA): If your rights are violated by the police, you can report the misconduct to IPOA for investigation.

Remember, an arrest does not mean you have been convicted. By knowing and exercising your rights, you can protect yourself and ensure a just process in Mombasa.

⚖️ Disclaimer:

This article is intended for informational purposes only and does not constitute legal advice. Laws and procedures may change, and individual cases vary. If you are facing legal issues or have been arrested, consult a qualified advocate or legal aid organization in Mombasa for professional legal guidance.