Persons Deprived of Liberty Act

This Act may be cited as the Persons Deprived of Liberty Act.

Defines key terms used in the Act, listing specific definitions for words such as "advocate", "Cabinet Secretary", "child", "competent authority", "Consultative committee", "detained person", "disability", "family member", "family day", "imprisoned person", "intersex", "law enforcement official", "medical officer of health", "older member of society", and "person deprived of liberty".

Limits searches on persons deprived of liberty: no unreasonable body searches; searches should be by a person of the same sex; intersex persons may choose the sex of the searcher; intrusive searches require privacy, same‑sex searcher and regard for safety and health; searches must be conducted with decency and respect for privacy and dignity.

Aliens deprived of liberty have the right to consular or diplomatic assistance and may request notification of their deprivation of liberty; if consular assistance is unavailable they are entitled to legal aid and assistance under written law.

People deprived of liberty must not be confined in crowded conditions; the Cabinet Secretary must, by Regulations, determine maximum occupancy and minimum space/area for accommodation in facilities or prisons.

Persons deprived of liberty have a right to a nutritious diet approved by competent authorities; diets must account for specified nutritional needs; medical officers may prescribe diets; religious needs should be considered; and, subject to regulations, detainees may receive food and non-alcoholic beverages from others.

Persons deprived of liberty are entitled to beddings and clothing meeting hygiene and climatic needs; women deprived of liberty must be given adequate sanitary materials; the Competent Authority must ensure beddings and clothing are maintained in good repair and hygienic conditions.

People who are detained, held in custody or imprisoned are entitled to medical examination, treatment and healthcare (including preventive care) when recommended by a medical officer of health.

A person deprived of liberty has a right to confidentiality about their health status.

Persons deprived of liberty keep the right to freedom of conscience, religion, belief and opinion; competent authorities in charge must take practical and reasonable measures to ensure rights under Article 32; persons deprived of liberty must not be subjected to treatment that unreasonably violates their religious practices and convictions.

Every Competent Authority in charge of a person deprived of liberty must take all practical and reasonable measures to facilitate enjoyment of the right to education and access to information, subject to subsection (1).

Except in the execution of a lawful sentence, a person deprived of liberty shall not be subjected to forced labour; persons deprived of liberty may be engaged in activities to ensure cleanliness of premises or to facilitate rehabilitation and personal development, including day to day activities that the Cabinet Secretary may prescribe.

The Cabinet Secretary must take reasonable and practical measures to establish recreational and cultural facilities in all institutions holding persons deprived of liberty to benefit their mental and physical health.

Competent authorities must notify a parent or guardian when a child is detained or deprived of liberty; they must notify a parent or guardian within seven days when a detained child is transferred; if no parent or guardian is traceable, they must notify an administrative officer.

Mothers deprived of liberty may personally care for their child until the child is four years old; mothers and children held in detention are entitled to diet, clothing, healthcare and necessary facilities for the child's development.

Persons with disabilities deprived of liberty must be treated equally, are entitled to constitutionally and legally provided guarantees, must be accommodated in facilities meeting their personal needs, and the Competent Authorities must take measures to ensure humane treatment and respect for privacy, legal capacity and dignity.

Persons held in lawful custody or detained in prison are entitled to receive visitors on specified frequencies; legal counsel visits are not limited and discussions with counsel must be private; human rights officers may visit subject to Regulations.

Competent authorities must designate certain days as family days, during which persons deprived of liberty may be visited by and interact with family members at least once every three months.

Persons deprived of liberty are entitled to protection of all fundamental rights and freedoms, subject only to limitations permitted by the Constitution.

The right to privacy may be limited where the limitation is for maintenance and preservation of national security to the extent provided in the Constitution.

Persons deprived of liberty must be treated humanely and with respect for their dignity; subjecting them to cruel, inhuman or degrading treatment is an offence punishable by a fine not exceeding five hundred thousand shillings or imprisonment for up to two years, or both.

Grants a reasonable opportunity to secure any personal property in their possession that is not subject to exhibition as evidence in relation to any charge.

A person who is deprived of liberty has the right to be promptly informed, in a language they understand, of the reasons for their deprivation of liberty and of any charges preferred against them.

Persons in charge of facilities must facilitate the communications specified in subsection (1) without charge; persons deprived of liberty retain the right to communicate with others except as regulations may specify.

Institutions holding arrested persons must keep a receipt book listing detainees' property; detained persons can inspect the receipt book, seek return of property on release, and authorize release to another person.

References rehabilitation based programmes for persons imprisoned or detained under the Community Service Orders Act (Cap. 93).

Persons deprived of liberty may lodge complaints orally or in writing to the facility officer; oral complaints must be recorded in writing and the record must include specified information; complaints against the officer may be lodged with the Cabinet Secretary; dissatisfied persons may appeal to the Cabinet Secretary within sixty days; lodging formal complaints with the Commission on Administrative Justice or KNCHR remains available; wilful obstruction of complaints by law enforcement officers is an offence punishable by up to KSh 500,000 or two years' imprisonment.

A person deprived of liberty charged with a prison offence must be informed in writing of the offence; disciplinary measures are to follow the Prisons Act and the principles of fair administrative action in Article 47.

Establishes a Consultative Committee on Persons Deprived of Liberty, lists its members and assigns roles, requires the Committee to deliberate on and resolve matters relating to persons deprived of liberty, and provides that the Committee shall regulate its own procedures.

The Cabinet Secretary may make regulations to give effect to this Act, including detailed rules listed in subsection (2)(a)–(l) (e.g. supply of food, communications, visits, accommodation categories, family days, leave from institution, vocational training, discipline, and other necessary matters).

Any person who wilfully and without lawful justification denies or deprives a person deprived of liberty of rights protected under the Act commits an offence and is liable on conviction to a fine not exceeding 500,000 shillings, or to imprisonment for up to two years, or both.

This Act supplements, and does not derogate from, other laws protecting the rights of persons deprived of liberty; but it does not apply to persons deprived of liberty due to disciplinary action under laws for those serving in the Kenya Defence Forces.