A large majority of convicted persons were denied the vital right to communicate with a lawyer and be brought before a court as soon as possible.
This is according to a report by the Kenya National Commission on Human Rights, commissioned by the University of Oxford Death Penalty Research Unit.
The report said that over 53 per cent of convicts were not given the right to legal counsel at the time of their arrest and 51 per cent were not brought to court within 24 hours of being arrested.
“50 per cent said that they were not informed of their right not to be compelled to make any confession or admission that could be used in evidence against them while the other 50 per cent were informed,” the report said.
Only 49 per cent, the report found, were informed of their right to remain silent upon arrest.
A majority reported that they were granted the right to be informed promptly, in a language they understand, of the reason for arrest, the right to remain silent, and the consequences of not remaining silent.
“These rights are fundamental to due process, and in particular to the protection against wrongful conviction or a flawed sentencing decision,” the report said.
The report found that more than three-quarters had their rights respected including the right to be held separately from persons who are serving a sentence and the right at the first court appearance to be charged or informed of the reason for the detention continuing or to be released.
Also, 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.
