Requirement to Furnish Name and Address when asked by a Police Officer.
Under Section 46 of the Criminal Procedure Act [CAP. 20 R.E. 2022], when a police officer believes on reasonable grounds that a person may assist with inquiries regarding an offense, the police officer has the right to request the person’s name and address. Here's how it works:
1. Police Request: If the police officer reasonably believes that the person can assist in an inquiry related to a committed, ongoing, or potential offense, they may ask the individual to provide their name and address.
2. Obligations of the Person: The person being asked to provide their details must:
- Comply with the request and not refuse to provide their name and address.
- Not provide false information regarding their name or address.
- Request the officer’s details (such as name, rank, and place of duty) if needed.
3. Police Officer’s Duty: If the person requests the officer’s details:
- The officer must comply and provide the correct information (name, rank, and place of duty), and cannot provide false details.
4. Penalty for Non-Compliance: If a person fails to comply with these obligations or provides false information, they commit an offense and can be punished with imprisonment for up to six months, a fine of up to 2,000 shillings, or both.
This section ensures that individuals assist in criminal investigations while maintaining accountability for both citizens and police officers.
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