- The law provides that an officer commanding a police stations is responsible for any arrest made by juniors with or without warrants.
- The Police Service Act section 58, a police officer may without a warrant, arrest a person.
Image: AURA RUTH
Following the latest wave of opposition protests against President William Ruto's administration, there have been calls for top Azimio leaders to be arrested.
Kenya Kwanza politicians have said that there is no Kenyan who is indispensable and that anyone can be arrested including Azimio's boss Raila Odinga.
The top police commanders have also warned the opposition leaders that they risk being arrested if they continue with what they have termed as illegal protests.
Until, Thursday, only a few members of Parliament and a couple of members of the county assemblies had been taken in for participating in the protests.
Here is an explainer of who can make an arrest
The process of arresting a person is detailed in the Criminal Procedure Code Act, Cap 75 and the Police Service Act section 58.
The two laws provide for the circumstances and the procedure for the arrest of any person, irrespective of rank or social status.
According to the criminal procedure Act, an arrest can be made by any police officer with or without a warrant or by a private citizen.
In all the circumstances, the two sets of laws provide for the rights of the accused and also the amount of force that an officer can use to effect an arrest.
The law empowers a police officer to use any necessary means possible to effect an arrest whenever he/she suspects that a suspect is about to commit a crime, has committed or is aiding a crime.
At the same time, the law empowers a police officer to instantly arrest anybody threatening the peace-this explains why officers have been arresting protesters hurling stones.
The law provides that an officer commanding a police station is responsible for any arrest made by juniors with or without warrants.
Where there is a warrant and the OCS decided to delegate for a junior to effect the arrest, then he/she shall do so by way of writing stating the reasons for arrest.
Arrest without warrant
The Police Service Act section 58, a police officer may without a warrant, arrest a person;
(a) who is accused by another person of committing an aggravated assault in any case in which the police officer believes upon reasonable ground that such assault has been committed;
(b) who obstructs a police officer while in the execution of duty, or who has escaped or attempts to escape from lawful custody
(c)whom the police officer suspects on reasonable grounds of having committed a cognizable offence
(d) who commits a breach of the peace in the presence of the police officer
(e) in whose possession is found anything which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence with reference to that thing
(f) whom the police officer suspects upon reasonable grounds of being a deserter from the armed forces or any other disciplined service
(g) whom the police officer suspects upon reasonable grounds of having committed or being about to commit a felony
(h) whom the police officer has reasonable cause to believe a warrant of arrest has been issued
Procedure for an arrest without warrant by junior officers.
This is provided for in Section 31 of the Criminal Procedure Act.
When an officer in charge of a police station requires an officer subordinate to him to arrest without a warrant (otherwise than in his presence), he shall deliver to the officer required to make the arrest an order in writing.
The orders shall specify the person to be arrested and the offence or other cause for which the arrest is to be made.
Power to apply for summons
A police officer may apply before a subordinate court for summons, warrant or other legal process.
The suspect can be directed to present oneself to a police station and a warrant shall follow if the summons is not honoured.
The procedure act provides that if any police officer having authority to arrest, has reason to believe that the person to be arrested has entered or is within any place, the officer shall conduct a search.
Arrest by a private person
A private person may arrest any person who in his view commits a cognizable offence, or whom he reasonably suspects of having committed a felony.
Persons found committing an offence involving injury to property may be arrested without a warrant by the owner of the property or his servants or persons authorized by them.