There is no law requiring you to produce ID on demand. But if police have probable cause they will arrest you. In this case, op was walking in flipflops in the middle of the night with no ID and his story was that anaenda kununua mkate. Heri angesema anaenda chemist kununulia mtoto dawa. If you do not have an ID you might be an illegal immigrant who is likely to engage in crime.
Ndoto nono Bro. Amka.
A simple way to end this D- nuisance is to make it a requirement for cops to always display their service number, and show you their badge/ID before making any arrest.
Why isn’t the OB computerised?
Yet their priority was getting new uniform
Where are the lawyers at?
I want to know what a particular article states on stopping random civilians and demanding for identification documents. If am not suspected of a crime there is absolutely no need to stop me. This is where all the harassment from police comes in, they got the power to randomly stop and frisk citizens without propable cause. Absolutely no difference than the colonial kipande system.
In a normal prosperous country the police should under no circumstance stop innocent citizens for the sake of it. If I have been suspected of a crime cool and all then I should be interrogated but not while on my walk to buy mkate. What kind of a country do we live in if you can’t even buy mkate from downstairs without having your kipande by the neck.
@Tarantinoh on the ongoing operations I understand but what’s up with you guys refusing civilians to be dropped at their home and we produce the necessary documents? Is it really an arrestable offence to forget your ID? Wewe mara ngapi umesahau ID while going out for small errands?
Also collective punishment aka the “operation” is illegal under the Geneva convention of human rights Considering there’s no curfew of any sort it’s illegal to stop someone under that pretext.
The process is at an advanced stage, you will be my witness in a few months time.
Unaishi wapi wewe?
It also depends with the way you talk if you brought your condescending know-it-all attitude to the constables and the NCO incharge utabebwa. Politeness will take you a long way. ’ uliwauliza kama hao hawasahau ID?’ Or alternatively you met Vichwa maji, the rotten apples of the service.
The convention is only applicable in ‘ideal’ situations, that’s why Guantanamo bay is operated by the Country hosting the UN headquarters.
Makes sense. Reason I carry one ID with me at all times hata nikienda shambani, yes. Its in my wallet.
Even when the wallet is empty, carry it.
At night, if you meet with cops n you have an ID trust me watakuacha if you respond to their questions with confidence.
Maybe ‘nimetoka job’, ‘naenda chemist etc’.
You should IDentify yourself, with an ID card. Why do folks insist ati ‘nyumba yangu ndio ile, naenda kwa duka’? Hogwash.CARRY an ID
I was civil with them ndio maana sikulala ndani and convinced them to wait I get hiyo kitu kidogo. Some guys with a similar offence waliwekwa ndani. Anyways it was 1k wacha waone kama itawasaidia. Mungu halali.
if extra judicial killer police hawafanyiwi kitu , wewe na hii kesi ya 1000 bob won’t be taken seriously by internal affairs … If you want this country to change , Just choose smart , visionaries people as your leaders … stop electing homeguards and rich kids of Atlanta … or corrupt church donators .
Ignorance is what kills you. I once recovered 10K using that trick. Hapo ndio utaona wale jamaa walikuwa wanaku-harass wakinyenyekea. You see, the OCS will not want anything that can draw attention to his station. Hio ndio business yake. Those boys wataambiwa wakurudishie pesa mbio mbio ili uende.
The PSO 2017 and the National Police Service Act have provisions to that effect.
But there are many situations when that is just not possible - yet an arrest must be effected or other police work must be undertaken.
There are many. I will give you one.
Section 29 of the Criminal Procedure Code, Cap 75 of the laws of Kenya. [look at (f) and (g)]
Arrest by police officer without warrant
A police officer may, without an order from a magistrate and without a warrant, arrest—
(a) any person whom he suspects upon reasonable grounds of having committed a cognizable offence;
(b) any person who commits a breach of the peace in his presence;
(c) any person who obstructs a police officer while in the execution of his duty, or who has escaped or attempts to escape from lawful custody;
(d) any person in whose possession anything is found 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;
(e) any person whom he suspects upon reasonable grounds of being a deserter from the armed forces;
(f) any person whom he finds in a highway, yard or other place during the night and whom he suspects upon reasonable grounds of having committed or being about to commit a felony;
(g) any person whom he finds in a street or public place during the hours of darkness and whom he suspects upon reasonable grounds of being there for an illegal or disorderly purpose, or who is unable to give a satisfactory account of himself;
(h) any person whom he suspects upon reasonable grounds of having been concerned in an act committed at a place out of Kenya which, if committed in Kenya, would have been punishable as an offence, and for which he is liable to be extradited under the Extradition (Contiguous and Foreign Countries) Act ([Cap. 76](‘http://www.kenyalaw.org/lex//actviewbyid.xql?id=KE/LEG/EN/AR/E/CHAPTER 76#KE/LEG/EN/AR/E/CHAPTER 76’)) or the Extradition (Commonwealth Countries) Act ([Cap. 77](‘http://www.kenyalaw.org/lex//actviewbyid.xql?id=KE/LEG/EN/AR/E/CHAPTER 77#KE/LEG/EN/AR/E/CHAPTER 77’));
(i) any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on that person, any implement of housebreaking;
(j) any released convict committing a breach of any provision prescribed by section 344 or of any rule made thereunder;
(k) any person for whom he has reasonable cause to believe a warrant of arrest has been issued.
It is pursuant to those provisions, amongst others, that they arrest people randomly at night.
Hapa bado ni kutetea majambazi. The guy was grabbed very close to his house, he offered to go with them upstairs to show them his ID but obviously they had more important things to do. I’ve heard countless cases of people being arrested as they walk out of hotels, kinyozi and other establishments. Yaani mtu anaona vizuri umetoka kinyozi, anaona umenyolewa, kichwa bado inanuka aftershave na spirit na hizo takataka zingine vinyozi hupaka mtu, na bado anakushika ati unatangatanga na nia mbaya.
They will act dumb when you tell them “naishi tu hapa”, but when the time comes to secure your release, they’ll even generously give you their phones to call people who can send money via mpesa. So on the one hand you’re afraid of criminals who may easily rob and murder you, while on the other hand you have to dodge criminals in uniform who’ll look for every excuse to rob you.
On illegal aliens, that still sounds like an excuse. If I was an illegal alien, the last thing I’d do is loiter at night, knowing there are chances of meeting cops. I’d do everything that needs to be done before nightfall, then stay indoors till daylight. How about those who buy fake IDs from river road or crooked immigration officials at Nyayo House. If they show these IDs to cops on patrol, how will they tell they’re fake?
What if I’m a criminal but make sure to carry my ID when going for “missions” at night? If I meet cops on patrol, all I need to do is show my ID and be respectful to them and they’ll allow me to go ahead and rob innocent Kenyans. So in those two scenarios, how does asking for IDs help in fighting crime?
I’m not sure you know the meaning of probable cause the way you describe it here. Merely wearing flipflops and not having an ID on him is not reasonable basis to believe that a crime has been committed, which is the definition of probable cause. If you disagree then please share your definition of probable cause
What you’re describing is speculation which is illegal even in Kenya for nobody, even Boinett himself, can tell what a man is planning to do while walking by in public
Probable cause also covers situations where a cop belives that you might have commited a crime or are about to commit a crime. Maybe op was shaken or as someone suggested above did not appear to be confident. Hapo unachotwa.
Refer to the response I have given to @Yunomi above.
Mimi niliwachiliwa umbwa ikaniangusha. Then when they found out I was harmless nikawekelewa bangi.
So last year when my dog peed on one in uniform nilicheka saidi nikasema TOJ.
The part in bold amounts to speculation and is illegal in Kenya. You just can’t know if someone is about to commit a crime.
The police officer had no probable cause to arrest the OP because he was simply walking in a public space in an area that didn’t have an ongoing curfew…