When the Directorate of Criminal Investigations (DCI) arrests a suspect in one region and wants to transfer him or her to another region this is the legal procedure;
1. The officers arresting the suspect must identify themselves and inform the suspect of the reason for the arrest, charges, or suspicion further their right to remain silent; and their right to legal representation in line with Article 49(1) of the Constitution of Kenya, 2010.
2. The officers are then supposed to first book and process the suspect at the nearest police station within the place of arrest and their personal details, nature of the offense, and time of arrest are recorded in the Occurrence Book (OB).
3. The next step is the suspect must be presented in the area. court where he was arrested within 24 hours and apply to move the suspect to another region.
4. The officers must justify the need to move the suspect with legitimate reasons, if the offense was committed in that place they want to move him to, if Key witnesses or evidence are also there and if the investigating officers or specialized units are based also there.
5. The court will then issue orders of transfer if it’s convinced that it's necessary and not oppressive to the suspect.
6. Once granted the transfer, the DCI must document the movement of the suspect (through a formal Movement Order) and ensure the suspect’s safety and welfare in transit and may have to notify the receiving station in advance.
7. 7. Upon arrival, the suspect is rebooked at the new police station and they must be arraigned before a Nairobi court within 24 hours of the original arrest or as permitted by the transfer order.- The investigation and prosecution can then proceed under the new court’s jurisdiction.
