Ask a lawyer:
Can I shoot and kill someone trying to rob me?

mwakili.com

Introduction

This response will address the question of whether one can shoot and kill someone trying to rob them in Kenya. It will delve into the relevant legal framework, including the Constitution of Kenya and the Penal Code, to provide a comprehensive understanding of the legal implications of such an action.

Legal Framework 1.1. The Right to Life 1.2. The Right to Security of the Person 1.3. The Right to Property 1.4. The Principle of Self-Defense
Application of the Law to the Scenario 2.1. The Use of Lethal Force 2.2. The Proportionality Principle 2.3. The Duty to Retreat
Conclusion

Legal Framework

1.1. The Right to Life

The Constitution of Kenya, 2010, guarantees the right to life as a fundamental human right. Article 26(1) states that "Every person has the inherent right to life." This right is absolute and cannot be taken away except in accordance with the law.

1.2. The Right to Security of the Person

Article 29 of the Constitution guarantees the right to security of the person. This right includes the right to be free from violence, torture, inhuman or degrading treatment or punishment.

1.3. The Right to Property

Article 40 of the Constitution guarantees the right to property. This right includes the right to own, acquire, hold, use, enjoy, dispose of, and bequeath property.

1.4. The Principle of Self-Defense

The Penal Code, Cap 63, provides for the principle of self-defense. Section 25 of the Penal Code states that "A person is not criminally responsible for an act done by him or her in self-defense, if he or she believes, upon reasonable grounds, that he or she is in immediate danger of death or grievous bodily harm from another person, and that it is necessary to use force to protect himself or herself from such danger."

Application of the Law to the Scenario

2.1. The Use of Lethal Force

The use of lethal force is only justified in self-defense if the person using it believes, on reasonable grounds, that they are in immediate danger of death or grievous bodily harm. This means that the threat must be imminent and the use of force must be necessary to prevent the harm.

2.2. The Proportionality Principle

The use of force in self-defense must be proportionate to the threat. This means that the force used must be no more than is necessary to protect oneself from the danger. In the case of a robbery, the use of lethal force may only be justified if the robber is using or threatening to use deadly force against the victim.

2.3. The Duty to Retreat

The law generally requires a person to retreat from a dangerous situation if it is safe to do so. However, this duty does not apply if the person is in their own home or if they are unable to retreat safely.

Conclusion

In conclusion, while the right to life is paramount, the law recognizes the principle of self-defense. However, the use of lethal force in self-defense is only justified in extreme circumstances where the person believes, on reasonable grounds, that they are in immediate danger of death or grievous bodily harm and that the use of force is necessary to prevent the harm. The use of force must also be proportionate to the threat and the person must have exhausted all other reasonable options, such as retreating, before resorting to lethal force. It is important to note that the legal consequences of using lethal force in self-defense are complex and depend on the specific circumstances of each case. It is always advisable to seek legal advice from a qualified lawyer if you are facing a situation where you may need to use force in self-defense.