EXPLAINER: What to know to stay safe in police custody

Though investigations into the cause of Ojwang’s death are ongoing, human rights defenders are calling for urgent action to address persistent violations of custody protocols that continue to expose detainees to harm or, in the worst cases, death.

The Kenya Human Rights Commission (KHRC), under its Pamoja Tutetee initiative, has developed a set of comprehensive guidelines known as the Ogola Rules. 

These rules outline the minimum standards for humane treatment of suspects in police custody and aim to ensure accountability, safety and respect for human rights.

Here is what every Kenyan should know, based on these official guidelines, to keep safe while in police custody.

You have a right to police bond or bail

The Ogola Rules state that the first and most urgent safeguard is the right to bail for all bailable offences.

“Every arrested suspect shall be admitted to police bond or bail as soon as possible,” it states.

This means that if you are arrested for an offence that is not serious or violent, you should not remain in custody unnecessarily. 

Timely release on bond or bail can prevent exposure to unsafe detention conditions.

According to Article 49 (1)(h) of the 2010 Constitution, an arrested person has the right to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.

The bailable offences include petty crimes, traffic offences, defamation and trespassing, among others.

Bail must be granted equitably

When more than one person is arrested for the same offence, the guidelines stress that release on bail should apply equally. 

“Where more than one suspect is arrested in connection with a single transaction, the release on bail should apply equally as far as possible to avoid suspects negotiating their release with the police,” the Rules state. 

This prevents unfair situations where one suspect may be forced to negotiate or pay for their release while others are not.

You must be screened for health and mental conditions

When booked into a police cell, every suspect must undergo a health and mental screening.

KHRC says this is to identify any pre-existing medical conditions or vulnerabilities that may require attention while in custody.

The guidelines stress that the Officer Commanding Station (OCS) must be informed of any health issues and must take immediate action to protect the suspect's life and notify the family.

“Where the offence is bailable, and depending on the particular circumstances, the suspect shall immediately be released on bond or cash bail to seek treatment,” the Ogola Rules state.

Each station must have a medical checklist

The Rules state that the OCS is required to develop a medical checklist for use when suspects are booked. 

This ensures that any underlying health conditions are identified and managed appropriately

Your arrest and cell entry must be recorded

Police officers are required to formally book every suspect into the police cells, with a clear entry in the Occurrence Book (OB). 

Additionally, any movement in and out of the cells must be recorded.

This record-keeping is not optional as it is essential for transparency and accountability, especially in cases of injury, illness, or death in custody.

Overcrowding in cells is prohibited

The Ogola Rules require that police cells must not be overcrowded. 

Overcrowding creates unsanitary and unsafe conditions and increases the risk of illness, conflict and psychological distress. 

All detainees are entitled to minimum floor space, sufficient ventilation, lighting and health-conscious conditions.

“Police cells should meet all health requirements with particular attention to ventilation, lighting, minimum floor space, cubic air content and climatic conditions,” the guidelines state

You must be informed of your rights and treated with dignity

Upon booking, the cell booking officer must inform you of your basic human rights and assure you verbally that you will be treated with human respect and dignity. 

You also have the right to be addressed in a language you understand.

This is a critical part of protecting suspects from confusion, fear or coercion during their time in custody.

You must sign off on the record of your personal property

Every suspect must sign a record of their personal items before being locked in a police cell. 

This helps ensure that property is returned upon release and that detainees are not subjected to theft or extortion.

Access to food and water is a basic right

According to the guidelines, “Food and drinking water shall be supplied to detainees throughout the day and whenever needed.”

The Ogola Rules state that no suspect should go without food or water, regardless of the charges they face.

Denial of basic necessities is a violation of constitutional and human rights.

Police officers must receive human rights training

The Ogola Rules call for refresher training for police officers on human rights and human dignity.

This is essential for ensuring that officers understand and respect the laws they are entrusted to enforce

Police stations must have surveillance

To improve oversight and reduce the risk of abuse, the guidelines recommend that surveillance cameras be installed within the police station, including in the cells. 

This helps to document what happens in custody and can be critical in cases where misconduct is alleged.

Misconduct must be investigated and punished

The KHRC stresses the need for transparent, efficient and fair mechanisms to investigate and punish police misconduct.

“It is necessary for misconduct to be investigated and punished to establish transparent, efficient, and fair mechanisms,” the guidelines state.

This provision is key to ending impunity and preventing future tragedies in police cells.