Ask a lawyer:
Can I shoot and kill someone trying to rob me?
Introduction
The question of whether you can shoot and kill someone trying to rob you in Kenya involves a complex interplay of various legal principles, including self-defense, the right to life, and the use of reasonable force. This response will delve into the relevant provisions of the Constitution of Kenya, the Penal Code, and other pertinent laws to provide a comprehensive answer.
Table of Contents
Constitutional Provisions
Right to Life
Right to Security of the Person
Penal Code Provisions
Self-Defense
Use of Force in Defense of Property
Judicial Interpretations
Case Law on Self-Defense
Reasonableness of Force
Conclusion
1. Constitutional Provisions
Right to Life
Article 26 of the Constitution of Kenya, 2010: This article guarantees the right to life. It states that every person has the right to life and that this right shall not be arbitrarily deprived. The Constitution also provides that life begins at conception.
Right to Security of the Person
Article 29 of the Constitution of Kenya, 2010: This article guarantees the right to security of the person, which includes the right to be free from all forms of violence from either public or private sources.
2. Penal Code Provisions
Self-Defense
Section 17 of the Penal Code (Cap 63): This section provides that the use of force in self-defense is permissible under certain circumstances. It states that the principles of English Common Law shall apply in determining whether the force used in self-defense was reasonable.
Use of Force in Defense of Property
Section 277 of the Penal Code (Cap 63): This section deals with the use of force in the defense of property. It allows for the use of reasonable force to prevent the commission of a felony, such as robbery.
3. Judicial Interpretations
Case Law on Self-Defense
Palmer v R (1971): This case is often cited in Kenyan courts when dealing with issues of self-defense. The court held that a person who is attacked may use such force as is reasonably necessary to defend themselves. However, the force used must be proportionate to the threat faced.
Ahmed Mohammed Omar & 5 others v Republic [2014] eKLR: In this case, the Court of Appeal reiterated that the use of force in self-defense must be reasonable and proportionate to the threat faced.
Reasonableness of Force
R v McInnes (1971): This case established that the reasonableness of the force used in self-defense is a question of fact to be determined by the jury (or judge in the Kenyan context). The court must consider all the circumstances, including the nature of the threat and the means available to the defendant to avert the threat.
4. Conclusion
In summary, while Kenyan law does allow for the use of force in self-defense, including potentially lethal force, such use must be reasonable and proportionate to the threat faced. The right to life is a fundamental right protected by the Constitution, and any deprivation of life must be justified under the law. The use of force in self-defense is permissible under the Penal Code, but it must be reasonable and necessary in the circumstances.
Therefore, if you are faced with a situation where someone is trying to rob you, you may use force to defend yourself. However, the force used must be proportionate to the threat posed by the robber. If the force used is deemed excessive or unreasonable, you could potentially face criminal charges.
Always consider the specific circumstances and seek legal advice if you find yourself in such a situation. The principles outlined above provide a general framework, but each case will be judged on its own merits.
Sources:
Constitution of Kenya, 2010
Penal Code (Cap 63)
Palmer v R (1971)
Ahmed Mohammed Omar & 5 others v Republic [2014] eKLR
R v McInnes (1971)
Answered by mwakili.com