Police officers are allowed to use a reasonable amount of force while arresting a person attempting to resist arrest, High Court advocate Alex Wangoma has said.
However, he says that the force must be equal to that being used by the suspect, in the instance that the suspect is trying to fight off the law enforcers to evade a nabbing.
Speaking on Tuesday, Wangoma added that the force should not, however, include the police inflicting beatings on an unarmed person, but can hold him or use any other way to tame him.
"If you use force to resist arrest the police should use equal force, they can hold you or use another technique. If they use to much force they will have wronged you (Ukitumia nguvu kuresist arrest, polisi anafaa atumie nguvu sawa na ile unatumia. Wanaweza kushika ama njia nyingine yoyote, wakitumia nguvu zaidi pia wamekukosea)," he said.
The lawyer made the remarks on Radio Jambo's Mazungumzo Waziwazi show on Tuesday night.
However, he said that the situation becomes better if the suspect cooperates with the police during their arrest, also warning against any form of attack on the arresting officers.
On the other hand, he said that its the responsibility of the police to make it clear, using provisions of the constitution, why they are arresting the suspect.
"By hitting an officer, you will have brought upon yourself a new charge of assault (Iwapo utampiga askari, hiyo ni assault, umejiletea kesi nyingine)," he added.
He made the remarks in reference to Nairobi Governor Mike Sonko's dramatic arrest last Friday, where he is accused of assaulting the police in a bid to avoid being arrested.