Haki Cards

You are being arrested, or told you are being taken to the police station. Stay calm — the Constitution is very specific about what must happen next, and it applies from the moment of arrest.

Under Article 49 of the Constitution, every arrested person has the right:

• to be informed promptly, in a language you understand, of the reason for the arrest, of the right to remain silent, and of the consequences of not remaining silent Const. Art. 49(1)(a)
• to remain silent, and not to be compelled to make any confession or admission that could be used in evidence against you Const. Art. 49(1)(a)(ii) & (d)
• to communicate with an advocate, and with other persons whose assistance is necessary — including family Const. Art. 49(1)(c)
• to be brought before a court as soon as reasonably possible — not later than 24 hours after arrest; if the 24 hours end outside ordinary court hours or on a non-court day, then by the end of the next court day Const. Art. 49(1)(f)
• at that first appearance, to be charged or informed of the reason for further detention — or released Const. Art. 49(1)(g)
• to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released Const. Art. 49(1)(h)
• not to be remanded in custody at all if the offence is punishable only by a fine or by imprisonment of not more than six months Const. Art. 49(2)
• once charged, to a fair trial: presumed innocent, informed of the charge in advance, adequate time and facilities to prepare a defence, and an advocate — assigned by the State if substantial injustice would otherwise result Const. Art. 50(2)

• "Am I under arrest? For what offence?" — the reason must be given promptly, in a language you understand.
• "I choose to remain silent until I have spoken to my advocate." Then stay silent — politely and consistently.
• Ask to call your advocate or a family member. Memorise at least one phone number — phones are often taken on arrest.
• Note the officers' names or service numbers, the station, and the time of arrest — the 24-hour clock starts then.
• Do not resist, even if you believe the arrest is wrong — assert your rights verbally and challenge the arrest in court, not on the street.
• Do not sign any statement you have not read and fully agreed with.

• IPOA — Independent Policing Oversight Authority: unlawful arrest, mistreatment, injury or death in custody. Complain at any IPOA office, via ipoa.go.ke, or on the toll-free line 0800 720 710.
• Law Society of Kenya (LSK) — advocate referrals; branches assist with unlawful-detention responses.
• KNCHR — Kenya National Commission on Human Rights: rights violations in custody (0800 720 627).
• OCS of the station / NPS Internal Affairs Unit — the police's internal discipline channel.

An officer stops you on the street or at a checkpoint — questions, an ID check, or a request to search you or your bag. You have not been arrested.

• Officers on duty must be identifiable — you may ask for the officer's name and service number; uniformed officers are required to display identification National Police Service Act, 2011
• You are protected against arbitrary search and seizure — your person, home and property may not be searched, nor your possessions seized, without a lawful basis Const. Art. 31(a)–(b)
• You may ask whether you are under arrest and for what offence — if you are not under arrest, you are in principle free to go; freedom of movement is protected Const. Art. 39 & 49
• Any force used against you must be reasonable and strictly necessary NPS Act, Sixth Schedule
• Never offer money. Giving a bribe is an offence, exactly like receiving one — you would be committing a crime too Bribery Act, 2016, ss. 5–6

• "Officer, may I have your name or service number, please?"
• "Am I under arrest? If not, am I free to go?"
• "What is the reason for this search?" — ask before any search begins, and stay present while it happens.
• Keep your hands visible, stay calm and polite. Do not argue the law at the roadside — comply under protest, document everything (names, time, place, witnesses), and complain afterwards.
• If a bribe is hinted at, do not pay — note the details and report to EACC.

• IPOA — harassment, unlawful search or other misconduct (0800 720 710).
• EACC — Ethics and Anti-Corruption Commission: any bribe demanded or solicited (0800 722 701, toll-free — verify).
• NPS Internal Affairs Unit — internal discipline complaints.
• KNCHR — where the stop involved rights abuses (0800 720 627).

A sudden rent increase, a threatened eviction, a locked door, seized property, or a deposit that is not coming back.

• Notice must follow your agreement and the law. Rent increases and termination require proper written notice — controlled residential tenancies fall under the Rent Restriction Act; shops and business premises under Cap 301; the Landlord and Tenant Act, 2021 framework consolidates these protections Rent Restriction Act (Cap 296) · Cap 301 · L&T Act 2021
• No eviction without due process. A landlord may not evict you by force, lock you out, remove doors or the roof, or throw out your belongings — eviction requires proper notice and, where disputed, a Tribunal or court order Cap 296 / Cap 301 procedure · Const. Art. 40
• Utilities may not be cut to force you out. Disconnecting water or power to push a tenant out is unlawful self-help — the landlord's lawful route is notice and the Tribunal Cap 296 / Cap 301 · tenancy agreement
• Seizing your goods for arrears has a strict legal procedure. Distress for rent must be carried out lawfully, through a licensed auctioneer following due process — DIY seizure of your things is illegal Distress for Rent Act (Cap 293)
• Your deposit is refundable at the end of the tenancy, less only lawful arrears and documented damage beyond fair wear and tear — ask for an itemised statement of any deductions tenancy agreement · general contract law

• Put every request and complaint in writing — SMS and WhatsApp count; keep the thread.
• Pay rent through traceable channels (M-Pesa or bank) and insist on receipts.
• If locked out or utilities are cut: do not retaliate. Photograph everything, get witnesses, report at the police station and take the OB number, then file at the Tribunal.
• "I am asking for the notice in writing, as the law requires."
• Before signing a new lease, check it clause by clause — try the LeadAfrik tenancy checker.

• Rent Restriction Tribunal — controlled residential tenancies: rent disputes, illegal eviction, deposits.
• Business Premises Rent Tribunal (BPRT) — shops, hotels and catering establishments; files online via the e-filing portal.
• Police (OB entry) — forced eviction, threats or seized goods; the OB number becomes your evidence at the Tribunal.

No written contract, salary games, leave denied, mystery deductions — or a dismissal that came out of nowhere. The Employment Act, 2007 sets the floor no contract can go below.

• A written contract if you are engaged for 3 months or more, stating pay, hours and terms — the employer must keep it and give you a copy Employment Act, ss. 9–10
• Full pay for work done, with an itemised pay statement — deductions only where the law allows (PAYE, NSSF, SHIF), a court orders, or you properly authorise them Employment Act, ss. 17–20, esp. s. 19
• At least 21 days of paid annual leave (working days) after every 12 consecutive months of service Employment Act, s. 28
• Maternity leave: 3 months with full pay. Paternity leave: 2 weeks with full pay — and returning to your job after maternity leave is the default, not a favour Employment Act, s. 29
• Sick leave after 2 months of service — at least 7 days with full pay, then 7 days with half pay, in each 12-month period Employment Act, s. 30
• Notice before termination per your contract — 28 days for monthly-paid employees — or pay in lieu of notice Employment Act, s. 35
• Protection from unfair termination — the employer needs a valid, proven reason and a fair procedure (a hearing first); pregnancy, union membership or filing a complaint are never fair grounds Employment Act, ss. 41, 43, 45–46
• A certificate of service, free of charge, whenever your employment ends Employment Act, s. 51
• Employment claims must be lodged within 3 years — do not sit on a claim Employment Act, s. 90

• Keep your own copies: contract, payslips, appointment letters — and M-Pesa records if that is how you are paid.
• Raise issues in writing with HR first — a dated grievance letter changes how the file reads later.
• If dismissed: "Kindly give me the reasons for termination in writing." Do not sign a discharge or settlement you do not fully understand.
• A Labour Office complaint is free — start there for unpaid wages and leave.
• Before you sign any contract, scan it with Contract Lens — it flags the clauses that bite.

• County Labour Office (Ministry of Labour) — free complaints and conciliation for wages, leave and terminal dues.
• Employment and Labour Relations Court (ELRC) — unfair termination and larger disputes.
• Your union / COTU — representation and negotiated grievances.

The goods are defective, the service was not what was promised, the label lied, or the "offer" turned out to be misleading.

• Goods and services of reasonable quality Const. Art. 46(1)(a)
• The information necessary to gain full benefit from goods and services — true labelling and honest pricing included Const. Art. 46(1)(b)
• Protection of your health, safety and economic interests Const. Art. 46(1)(c)
• Compensation for loss or injury arising from defects in goods or services Const. Art. 46(1)(d)
• Protection from false, misleading or deceptive representations, including misleading advertising and unfair practices Consumer Protection Act, 2012, Part II
• Remedies for defective goods — repair, replacement or refund — under the Act and the terms of sale; a "no refunds" sign cannot waive rights the Act gives you Consumer Protection Act, 2012 · Sale of Goods Act implied conditions

• Keep the receipt, packaging and warranty; photograph the defect immediately.
• Go back to the seller first, in writing: describe the defect, name the remedy you want (repair, replacement or refund) and give a deadline — you can generate that letter with Barua Writer.
• "I am asking for a repair, replacement or refund, as the Consumer Protection Act provides."
• If ignored, escalate in writing — and say exactly where you will escalate to.

• Competition Authority of Kenya (CAK) — false or misleading representations and unfair trade practices.
• Kenya Consumers Protection Advisory Committee (KECOPAC) — consumer complaints under the Act.
• KEBS — substandard or counterfeit goods.
• Small Claims Court — money remedies up to KES 1,000,000; start with a demand letter.

You or someone with you needs care — an emergency, a consent question, a privacy concern, or plain disrespect at a facility.

• The highest attainable standard of health, including reproductive health care Const. Art. 43(1)(a)
• Emergency treatment may never be denied. No person shall be denied emergency medical treatment — at any facility, public or private. Stabilisation comes first; payment discussions come after Const. Art. 43(2) · Health Act, 2017, s. 7
• Informed consent — treatment requires your informed consent, except in an emergency where you cannot consent, or where the law otherwise provides Health Act, 2017, s. 9
• Confidentiality — information about your health may not be disclosed without your consent, save for narrow legal exceptions Health Act, 2017, s. 11
• To be treated with dignity and respect at every facility Const. Art. 28 · Health Act, 2017

• In an emergency: "This is a medical emergency. Article 43(2) of the Constitution says no one may be denied emergency treatment." If refused, ask for the person's name and note the time.
• Ask questions until you understand — diagnosis, options, risks, costs. Consent is only real when it is informed.
• Ask for your records and information about your health status — you are entitled to them.
• If disrespected, note names and report — the facility's complaints desk first, then the regulator.

• The facility's complaints / customer care desk — in writing, keep a copy.
• Kenya Medical Practitioners and Dentists Council (KMPDC) — complaints against practitioners and facilities.
• KNCHR — where denial of care violated your rights (0800 720 627).

A police or NTSA stop: a licence check, an alleged offence, an "instant fine", a breathalyser — or your car is about to be "detained".

• Carry your driving licence and produce it when a police officer demands it Traffic Act, Cap 403, s. 36
• Minor traffic offences carry prescribed official penalties — pay only through the official process (court or official payment channels) and insist on an official receipt. Cash into a hand at the roadside is a bribe, not a fine Traffic Act · Bribery Act, 2016
• Breath tests and vehicle inspections must be conducted by authorised officers using approved procedure — comply with a lawful test, and note the details Traffic Act & NTSA rules
• Your vehicle may not be detained arbitrarily — impounding needs a lawful ground; ask for the specific ground and an official record of where the vehicle is taken Traffic Act
• If you are arrested for a traffic offence, all Article 49 rights apply — court within 24 hours, bond or bail on reasonable terms Const. Art. 49

• "Officer, may I have your name or service number? What offence are you charging?"
• "I will pay any fine through the official process — please issue the charge sheet or official receipt."
• Never hand over cash, and never leave your licence behind as "security" while a bribe is negotiated.
• If the vehicle is detained, get: the ground, the officer's details, where it is being taken, and a written record.

• EACC — bribery solicited at a stop: 0800 722 701 (toll-free — verify periodically).
• IPOA — misconduct, harassment or abuse at roadblocks (0800 720 710).
• NTSA — road-safety, licensing and inspection complaints.

A company signed you up for spam, a loan app is calling your contacts, someone demanded your ID details for no good reason — or your information leaked.

• Your data may only be processed lawfully and for a purpose you were told about — most commonly with your consent, which you may withdraw at any time Data Protection Act, 2019, ss. 25, 30, 32
• To be informed of the use to which your personal data will be put DPA 2019, s. 26(a)
• To access your personal data held by any data controller or processor DPA 2019, s. 26(b)
• To object to the processing of all or part of your personal data DPA 2019, s. 26(c)
• To correction of false or misleading data — and deletion of false or misleading data about you DPA 2019, s. 26(d)–(e) & s. 40
• Direct marketing requires your consent — you can tell them to stop, and they must DPA 2019, s. 37

• Write to the organisation's Data Protection Officer: state what you want — access, correction, deletion, or "stop marketing to me" — and date it.
• "Under the Data Protection Act, 2019, I request access to the personal data you hold about me, and the source of it."
• Keep screenshots — sender IDs, timestamps, and the consent you never gave.
• If they ignore you, complain to the ODPC — complaints are free, and the ODPC can investigate and issue enforcement and penalty notices.

• Office of the Data Protection Commissioner (ODPC) — complaints via odpc.go.ke or any ODPC office.
• Communications Authority of Kenya — unsolicited SMS and telecom-related complaints.