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In recent years, many Kenyans have faced legal challenges abroad. The Ministry of Foreign Affairs estimates that there are more than 3 million Kenyans in the diaspora.
In March, 37-year-old Margaret Nduta Macharia made headlines following her impending execution in Vietnam, where she was sentenced to death for drug trafficking.
The government has managed to stay Nduta's execution pending diplomatic intervention.
Getting arrested in a foreign country can be terrifying. The laws are different, the system is unfamiliar, and you may not even understand the language.
If you’re a Kenyan and find yourself in this situation, don’t panic. There are steps you can take to protect yourself and get the right help.
Steps Kenyans should follow if arrested in a foreign country
1. Stay Calm and Avoid Resistance
First things first, do not resist arrest. Even if you believe you are innocent, resisting can escalate the situation and lead to more serious charges.
Some countries have strict laws on how to behave when dealing with police officers. Any aggressive or disrespectful behaviour could make your situation worse.
Instead, stay calm, comply with basic instructions, and avoid saying anything that might be used against you later.
2. Know Your Rights
Many countries have laws requiring the police to inform you of your rights upon arrest. These often include:
The right to remain silent
The right to legal representation
The right to notify your consulate or embassy
If you’re not told your rights, ask. And if language is a barrier, request a translator before signing anything or giving a statement.
3. Request to Contact the Kenyan Embassy or Consulate
One of the most important things to do is request consular assistance. Kenyan embassies and consulates exist to assist citizens in distress abroad. The embassy cannot get you out of jail, but they can:
Ensure you are treated fairly and humanely
Provide a list of lawyers who can represent you
Help you communicate with your family back in Kenya
Offer guidance on legal procedures in that country
Most countries notify the embassy only if you ask, so make sure to insist on this right.
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4. Get a Lawyer
Do not attempt to navigate the legal system alone. Request a lawyer as soon as possible and do not make any statements to the police until your lawyer is present.
The consulate is not allowed to act as your lawyer or represent you, provide financial assistance or post bail/bond.
In some countries, the government provides free legal aid for foreigners, while in others, you may need to hire a private lawyer.
Your embassy can recommend a lawyer, but you must be cautious of fraudsters who may promise quick fixes. Verify your legal representation to avoid getting scammed.
5. Do Not Sign Anything You Don’t Understand
The police may pressure you to sign documents, especially if you don’t speak the local language.
Never sign anything without your lawyer present. You could unknowingly confess to a crime you didn’t commit or agree to conditions that could harm your case.
6. Notify Your Family and Friends
Once you have spoken to your embassy or lawyer, inform your close family or friends. They may help you get legal representation or provide financial assistance for legal fees.
7. Follow Legal Procedures
Every country has its own legal process, and your case may take time. Be patient, cooperate with your lawyer, and follow all court procedures. Avoid any illegal shortcuts that may worsen your situation.
Being arrested in a foreign country can be scary, but the key is to remain calm, know your rights, involve the embassy, and get proper legal help.
If you have Kenyan friends or family abroad, make sure they know these steps, it could save them in a tough situation.