False arrest is the unlawful control of a person’s freedom of movement. It can occur when a person holds another individual against his or her will or when a person takes another individual into custody without legal justification to do so. This article focuses on giving advice on what to do Incase of false arrest in Kenya.
In most cases, arrests are done by Police officers. However there are times when private citizens initiate arrests for instance security guards can arrest a person suspected of theft. Arresting can be unlawful if the arrestor has no legal authority to do so.
In Kenya for police officers to arrest a person they must have a warrant of arrest. In some cases an arrest made by police officers can be unlawful even if there is a warrant of arrest. An arrest warrant can be invalid due to the following reasons .
Firstly, if it does not name or adequately identify the person to be arrested. If the warrant does not have exact names of the person to be arrested it might be considered invalid. In fact the names should be the same as those found in the national identity card if the person is above eighteen years old.
Secondly, if it does not say what court issued the warrant. The name of the court that issued a warrant of arrest must be clearly written for it to be considered valid.
Thirdly, if it does not specify the crime for which the person is being arrested. The crime which a person is committed must be clearly stated for the warrant to be considered valid.
Besides that, arrest warrant can be considered invalid Incase police lied to a judge to prove they had a probable cause of arresting.
Incase you are falsely arrested you can consider the following options.
Firstly, you can persue complaint against the arresting officer and the police department. You can sue the arresting officer for arresting you and violating your rights.
Secondly, you can persue a motion to suppress whatever evidence was obtained from the false arrest. The evidence should be barred from being used against you in the court of law.
Thirdly you can persue a law suit against the officer and department responsible for your arrest demanding monetary damages. Incase you have lost or spent money as a result of false arrest you can sue the officer and Incase you win the case you can be compensated.
Besides that you can persue a lawsuit against the officer demanding an injunction. This will ensure that no arrest warrant will be issued against you without proper evidence. The police officers will be prohibited from arresting you without evidence .
In conclusion , in some cases people in Kenya are falsely arrested. This violates their rights and affects their day to day activities. It is important for Kenyans to know their rights so that they can avoid being victimised for vices they have not done. Incase of false arrest it is advisable for one to follow the above discussed options.