If you feel harrassed, intimidated or under a strong apprehension that the Police are out to arbitrary arrest you, you can apply for bail before the actual arrest occur. Anticipatory bail is meant to be a safeguard for a person who has false accusation or charges made against him/her, most commonly due to professional, political motives or personal enmity, as it ensures the release of the falsely accused person even before he/she is arrested.

If the court, based on a number of conditions and the nature of the case, sees merit in the application the bail is granted. Hence if and when the person is arrested, he/she will be immediately released on the basis of the anticipatory bail. Conditions that are taken into consideration by the court when granting anticipatory bail include, but are not limited to:

• The person will make him/herself available for interrogation by the police as and when required by them
• The individual shall not directly or indirectly make any threat, promise or offer any bribe to any person who is connected to the case or knows facts about the case, so as to keep them quiet or to get them to change their report of facts to the court or the police
• An assurance that the person shall not leave Kenya without prior permission from the court

Interviews are normally conducted at the police station by police officers and we understand that having accusations being made against you and being at a police station can cause a huge amount of stress and anxiety especially if your liberty has been taken from you. Knowing your rights can make all the difference when an investigation is being conducted, which is why you should always seek advice from a legal professional with expertise in the Police and criminal evidence.

Hassan Luk lawyers regularly represent individuals and corporate bodies in investigations in the following circumstances:

• Bankruptcy and Insolvency proceedings
• Environmental such as before NEMA
• County Authorities
• Financial Conduct investigations
• Public Health (Standards) Board
• Kenya Bureau of Standards (KEBS)