46. The rights of an arrested person are contained under Article 49 of the Constitution of Kenya, 2010 and they include the right to be informed promptly, in a language that the person understands, of the reason for the arrest; the right to remain silent and the consequences of not remaining silent; the right to remain silent; the right to communicate with an advocate, and other persons whose assistance is necessary; the right not to be compelled to make any confession or admission that could be used in evidence against the person; the right to be held separately from persons who are serving a sentence; the right to be brought before a court as soon as reasonably possible, but not later than twenty-four hours after being arrested or if the twenty-four hours ends outside ordinary court hours, or on a day that is not an ordinary court day, the end of the next court day; the right at the first court appearance, to be charged or informed of the reason for the detention continuing, or to be released; and the right to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released. However there’re has been concern in the country that suspects accused of terrorism are out on bail and roaming freely. The Judiciary has been called upon to exercise its discretion in accordance with the Constitution when granting bail, particularly to those suspected of terror attacks. 47. To ensure that petty offenders do not end up in remand, Article 49(2) of the Constitution of Kenya, 2010 states that “a person shall not be remanded in custody for an offence if the offence is punishable by a fine only or by imprisonment for not more than six months.” To protect the rights of those under arrest the Persons Deprived of Liberty Bill was developed in 2012. The Bill provides for the humane treatment of persons detained, held in custody or imprisoned and gives effect to the provisions of international human rights instruments and rules on such persons. The bill is due for enactment by August 2014 in accordance with Constitutional stipulations. The obligations of law enforcement officers and private persons in authority in relation to persons deprived of liberty are clearly set out in the Bill. 48. Article 157(1) of the Constitution of Kenya, 2010 creates the Office of the Director of Public Prosecutions as a separate and independent Constitutional office from the Office of the Attorney General. The Director of Public Prosecutions is allowed to take over and continue any criminal proceedings commenced in any court (other than a court martial) instituted or undertaken by another person or authority, with the permission of the person or authority. He can also discontinue at any stage before judgment is delivered any criminal proceedings. This has led to an improvement in access to justice for accused persons. These provisions have to be read together with Section 6 of the Office of the Director of Public Prosecutions Act, 2013 which seek to safeguard the independence of the office. 49. The Kenya Prisons Services has undergone major reforms since 2003. One of the objectives of the reforms has been aimed at decongesting the prisons. This is in recognition of the fact that a prisoner is entitled to the basic freedoms guaranteed by the Constitution and other international human rights standards. The Prisons Act (Cap. 90) has been reviewed to comply with constitutional imperatives. Programmes that focus on strategic issues that are human rights based, promote governance and democratic practices in prison management have been implemented. The Borstal Institutions Act (Cap. 92) is under review to synchronize it with the Children’s Act to capture the multiple needs and challenges of juveniles in prison custody. The Government has also embarked on structural development programmes for the prisons with a view to improving prisons conditions through infrastructural upgrades and civil works in many prison facilities countrywide. These facilities will increase spaces for the accommodation of prisoners and therefore humanize the general prison conditions. The prisoners that are often released are those jailed for petty crimes, and prisoners, 16