Assessing the legality of arrests in Kenya: A critical analysis of police conduct

Obae, Bernard Omwansa (2025) Assessing the legality of arrests in Kenya: A critical analysis of police conduct. International Journal of Science and Research Archive, 15 (3). pp. 1565-1567. ISSN 2582-8185

This study examined how Kenyan police officers execute the law when making arrests, paying particular attention to constitutional rights and documented instances of unauthorized arrests. It makes the assumption that police personnel frequently violate the law, resulting in a large number of unauthorized arrests that erode public confidence in the criminal justice system and law enforcement. The study used a qualitative methodology that included police records, court documents, media article observations and narrative analysis. While media pieces offer timely reflections of public debate, narrative analysis offers rich insights into individual experiences, despite the potential biases and limitations of these sources. According to the findings, there were a lot of complaints about police activities, especially in big cities, with infractions like unlawful detentions and enforced disappearances. The Kenya National Human Rights Commission (KNHRC) and the Independent Policing Oversight Authority (IPOA) have released reports that show concerning patterns, such as an increase in kidnappings connected to police activity. The general public strongly opposes unauthorized arrests due to worries about power abuse and a lack of accountability. The study emphasizes the necessity of reforms to improve police adherence to the law and rebuild public trust in the judicial system. All things considered, the study advances knowledge of the nuances of Kenyan law enforcement procedures and highlights how crucial it is to protect human rights when conducting policing.