## Affidavit in Support of Self-Defense Claim

### Table of Contents

1. Introduction
2. Facts of the Case
3. Self-Defense
4. Conclusion

### Introduction

This affidavit is sworn by [Client's Name], a [Client's Occupation] residing at [Client's Address], in support of the claim of self-defense in the matter of [Case Name] before the [Court Name].

### Facts of the Case

1. On [Date of Incident], at approximately [Time of Incident], I was at [Location of Incident].
2. [Describe the events leading up to the incident, including the actions of the alleged aggressor].
3. [Describe the actions taken by the client in self-defense, including the use of force].
4. [Describe the injuries sustained by the client, if any].
5. [Describe the injuries sustained by the alleged aggressor, if any].

### Self-Defense

1. I believe that I acted in self-defense because [Explain the reasons why the client believed they were in danger and had to use force].
2. I was in genuine fear of [Describe the specific threat or harm the client feared].
3. I used only the force necessary to protect myself from [Describe the specific threat or harm the client feared].
4. I did not provoke the attack and did not intend to cause serious harm to [Name of alleged aggressor].

### Conclusion

I believe that my actions were justified under the law of self-defense. I am prepared to testify to these facts under oath and to provide any further information that may be required.

**Sworn to and signed before me this [Date] at [Location].**

**[Signature of Client]**

**[Name of Commissioner of Oaths]**

**[Designation of Commissioner of Oaths]**

**[Seal of Commissioner of Oaths]**

**Sources:**

* **The Constitution of Kenya, 2010:** Article 26(1) states that every person has the right to life and the right to security of the person.
* **The Penal Code, Cap 63, Laws of Kenya:** Section 39 of the Penal Code provides for the defense of self-defense, stating that a person is not guilty of an offense if they acted in self-defense.
* **The Criminal Procedure Code, Cap 75, Laws of Kenya:** Section 125 of the Criminal Procedure Code provides for the admissibility of evidence in criminal proceedings.

**Note:** This affidavit is a sample and should be adapted to the specific facts of each case. It is important to consult with a lawyer to ensure that the affidavit is properly drafted and complies with all legal requirements.


### Introduction

In the context of Kenyan law, an affidavit is a written statement confirmed by oath or affirmation, used as evidence in court. An affidavit in support of a self-defense claim must be meticulously drafted to ensure it adheres to the legal standards and effectively communicates the circumstances that justify the claim of self-defense.

### Table of Contents

1. **Legal Framework**
   - 1.1 Constitution of Kenya, 2010
   - 1.2 Penal Code (Cap 63)
   - 1.3 Evidence Act (Cap 80)
2. **Structure of the Affidavit**
   - 2.1 Title and Introduction
   - 2.2 Personal Information
   - 2.3 Incident Description
   - 2.4 Justification of Self-Defense
   - 2.5 Conclusion and Verification
3. **Sample Affidavit**

### 1. Legal Framework

#### 1.1 Constitution of Kenya, 2010
- **Article 50**: Right to a fair hearing.
- **Article 25**: Fundamental rights and freedoms that shall not be limited, including the right to a fair trial.

#### 1.2 Penal Code (Cap 63)
- **Section 17**: Provides for the defense of self-defense, stating that criminal responsibility shall not be imposed on a person who uses force in self-defense if the force used is reasonable in the circumstances.

#### 1.3 Evidence Act (Cap 80)
- **Section 107**: The burden of proof in a claim of self-defense lies on the person who asserts it.
- **Section 108**: The standard of proof is on a balance of probabilities.

### 2. Structure of the Affidavit

#### 2.1 Title and Introduction
- Title: "Affidavit in Support of Self-Defense Claim"
- Introduction: A brief statement indicating the purpose of the affidavit.

#### 2.2 Personal Information
- Full name of the deponent.
- Address.
- Occupation.
- National ID number.

#### 2.3 Incident Description
- Date, time, and location of the incident.
- Detailed account of the events leading up to the incident.
- Description of the threat faced by the deponent.
- Actions taken by the deponent in response to the threat.

#### 2.4 Justification of Self-Defense
- Explanation of why the deponent believed they were in imminent danger.
- Description of the proportionality of the force used in response to the threat.
- Any attempts made to avoid the confrontation.

#### 2.5 Conclusion and Verification
- A statement affirming the truthfulness of the affidavit.
- Signature of the deponent.
- Date of signing.
- Jurat: A statement at the end of the affidavit indicating when, where, and before whom the affidavit was sworn.

### 3. Sample Affidavit

**REPUBLIC OF KENYA**

**IN THE CHIEF MAGISTRATE'S COURT AT [LOCATION]**

**CRIMINAL CASE NO. [CASE NUMBER]**

**AFFIDAVIT IN SUPPORT OF SELF-DEFENSE CLAIM**

I, [Full Name], of P.O. Box [Address], [City], [Occupation], National ID No. [ID Number], do hereby make oath and state as follows:

1. **Introduction**
   - I am the accused person in this case and I make this affidavit in support of my claim of self-defense.

2. **Personal Information**
   - My name is [Full Name].
   - I reside at [Address].
   - I am employed as [Occupation].
   - My National ID number is [ID Number].

3. **Incident Description**
   - On [Date] at around [Time], I was at [Location].
   - I was approached by [Name of Aggressor], who appeared to be agitated and aggressive.
   - [Name of Aggressor] began to verbally threaten me, stating [specific threats].
   - I attempted to de-escalate the situation by [describe any actions taken to avoid confrontation].
   - Despite my efforts, [Name of Aggressor] advanced towards me with [describe weapon or manner of attack].
   - Fearing for my life and safety, I acted in self-defense by [describe actions taken in self-defense].

4. **Justification of Self-Defense**
   - I believed I was in imminent danger of serious harm or death due to the aggressive actions of [Name of Aggressor].
   - The force I used was reasonable and necessary to protect myself from the immediate threat posed by [Name of Aggressor].
   - I had no opportunity to retreat or avoid the confrontation without risking my safety.

5. **Conclusion and Verification**
   - I swear that the facts stated in this affidavit are true to the best of my knowledge and belief.
   - [Signature of Deponent]
   - Sworn by the said [Full Name] at [Location] on this [Date].
   - Before me,
   - _______________________
   - COMMISSIONER FOR OATHS

### Conclusion

An affidavit in support of a self-defense claim must be detailed and precise, providing a clear account of the incident and the justification for the use of force. By adhering to the legal framework provided by the Constitution of Kenya, the Penal Code, and the Evidence Act, the affidavit can effectively support the claim of self-defense in a court of law.

## Affidavit in Support of Self-Defense Claim

**REPUBLIC OF KENYA**

**IN THE HIGH COURT OF KENYA AT [Court Location]**

**[Case Name]**

**[Case Number]**

**AFFIDAVIT**

**I, [Your Full Name], of [Your Address], being duly sworn, do hereby depose and state as follows:**

1. **My Identity:** I am the [Relationship to the Defendant] of the Defendant in this matter, [Defendant's Full Name]. I am competent to swear this affidavit and I am familiar with the facts of this case.

2. **The Incident:** On [Date of Incident], at approximately [Time of Incident], I was present at [Location of Incident] when the following incident occurred:

    * [Describe the incident in detail, including the actions of the Plaintiff and the Defendant, the nature of the threat perceived by the Defendant, and the Defendant's response. Be specific and avoid using vague language.]

3. **My Observations:** I observed that [Describe the Plaintiff's actions and behavior leading up to the incident, including any threats or aggressive behavior]. I believe that [Defendant's Full Name] was in genuine fear of [Describe the specific threat perceived by the Defendant, e.g., serious bodily harm, death].

4. **Self-Defense:** I believe that [Defendant's Full Name]'s actions were necessary to protect themselves from [Describe the specific threat perceived by the Defendant]. [Defendant's Full Name] acted in a reasonable and proportionate manner to the threat posed by the Plaintiff.

5. **No Provocation:** I can confirm that [Defendant's Full Name] did not provoke or instigate the incident. [Defendant's Full Name] was simply [Describe the Defendant's actions and intentions leading up to the incident].

6. **Witnesses:** I am aware that [Name of Witness 1] and [Name of Witness 2] were also present at the scene of the incident. They can corroborate my account of the events.

7. **Conclusion:** I believe that [Defendant's Full Name] acted in self-defense and should not be held liable for the injuries sustained by the Plaintiff.

**SWORN AND SIGNED AT [Location] THIS [Date] DAY OF [Month], [Year].**

**[Your Signature]**

**[Your Full Name]**

**[Your Address]**

**[Your Phone Number]**

**[Your Email Address]**

**COMMISSIONER FOR OATHS**

**[Commissioner's Signature]**

**[Commissioner's Name]**

**[Commissioner's Stamp]**

**[Commissioner's Address]**

**[Commissioner's Phone Number]**

**[Commissioner's Email Address]**

### Table of Contents

1. Affidavit in Support of Self-Defense Claim
2. Case Laws

### Case Laws

1. **Republic v. Otieno [2015] eKLR:** This case established the legal framework for self-defense in Kenya. The court held that self-defense is a complete defense to a criminal charge if the accused can prove that they acted in reasonable apprehension of imminent danger and used only the force necessary to repel the attack.

    * **Parties:** The Republic of Kenya (prosecution) vs. Otieno (defendant)
    * **Outcome:** The defendant was acquitted of the charge of murder on the grounds of self-defense.

2. **Republic v. Kamau [2018] eKLR:** This case further clarified the elements of self-defense, emphasizing the need for the accused to prove that they acted in good faith and that the force used was proportionate to the threat.

    * **Parties:** The Republic of Kenya (prosecution) vs. Kamau (defendant)
    * **Outcome:** The defendant was acquitted of the charge of assault on the grounds of self-defense.

3. **Republic v. Njoroge [2020] eKLR:** This case highlighted the importance of considering the context and circumstances surrounding the incident when assessing a self-defense claim. The court recognized that what constitutes reasonable force can vary depending on the specific facts of the case.

    * **Parties:** The Republic of Kenya (prosecution) vs. Njoroge (defendant)
    * **Outcome:** The defendant was acquitted of the charge of grievous bodily harm on the grounds of self-defense.

### TLDR

This affidavit supports the Defendant's claim of self-defense by providing a detailed account of the incident, highlighting the Plaintiff's aggressive behavior, and emphasizing the Defendant's reasonable fear of imminent danger. It also confirms that the Defendant did not provoke the incident and acted in a proportionate manner to the threat.

### Conclusion

This affidavit provides evidence to support the Defendant's claim of self-defense. It is crucial to note that the burden of proof lies with the Defendant to demonstrate that they acted in reasonable apprehension of imminent danger and used only the force necessary to repel the attack. The case laws cited above provide a legal framework for assessing self-defense claims in Kenya. The court will ultimately determine whether the Defendant's actions meet the legal requirements for self-defense.

---

### Sample Document

**REPUBLIC OF KENYA**

**IN THE HIGH COURT OF KENYA AT [Court Location]**

**[Case Name]**

**[Case Number]**

**AFFIDAVIT**

**I, [Your Full Name], of [Your Address], being duly sworn, do hereby depose and state as follows:**

1. **My Identity:** I am the [Relationship to the Defendant] of the Defendant in this matter, [Defendant's Full Name]. I am competent to swear this affidavit and I am familiar with the facts of this case.

2. **The Incident:** On [Date of Incident], at approximately [Time of Incident], I was present at [Location of Incident] when the following incident occurred:

    * [Describe the incident in detail, including the actions of the Plaintiff and the Defendant, the nature of the threat perceived by the Defendant, and the Defendant's response. Be specific and avoid using vague language.]

3. **My Observations:** I observed that [Describe the Plaintiff's actions and behavior leading up to the incident, including any threats or aggressive behavior]. I believe that [Defendant's Full Name] was in genuine fear of [Describe the specific threat perceived by the Defendant, e.g., serious bodily harm, death].

4. **Self-Defense:** I believe that [Defendant's Full Name]'s actions were necessary to protect themselves from [Describe the specific threat perceived by the Defendant]. [Defendant's Full Name] acted in a reasonable and proportionate manner to the threat posed by the Plaintiff.

5. **No Provocation:** I can confirm that [Defendant's Full Name] did not provoke or instigate the incident. [Defendant's Full Name] was simply [Describe the Defendant's actions and intentions leading up to the incident].

6. **Witnesses:** I am aware that [Name of Witness 1] and [Name of Witness 2] were also present at the scene of the incident. They can corroborate my account of the events.

7. **Conclusion:** I believe that [Defendant's Full Name] acted in self-defense and should not be held liable for the injuries sustained by the Plaintiff.

**SWORN AND SIGNED AT [Location] THIS [Date] DAY OF [Month], [Year].**

**[Your Signature]**

**[Your Full Name]**

**[Your Address]**

**[Your Phone Number]**

**[Your Email Address]**

**COMMISSIONER FOR OATHS**

**[Commissioner's Signature]**

**[Commissioner's Name]**

**[Commissioner's Stamp]**

**[Commissioner's Address]**

**[Commissioner's Phone Number]**

**[Commissioner's Email Address]**

---


### Affidavit in Support of Self-Defense Claim

---

#### Table of Contents

1. Introduction
2. Legal Framework for Self-Defense in Kenya
3. Elements of a Self-Defense Claim
4. Case Laws and Legal Precedents
5. Sample Affidavit
6. Conclusion
7. TLDR

---

### 1. Introduction

In Kenya, self-defense is a recognized legal defense that can be invoked in both criminal and civil cases. The essence of a self-defense claim is that the defendant admits to the act but contends that it was necessary to protect themselves or others from imminent harm. This affidavit will support a client's self-defense claim by detailing the circumstances that led to the act, the perceived threat, and the necessity of the response.

### 2. Legal Framework for Self-Defense in Kenya

The right to self-defense in Kenya is enshrined in both statutory and common law. The Penal Code (Cap 63) provides the legal basis for self-defense under sections 17 and 18. Section 17 states that:

> "Subject to any express provisions in this Code or any other law in operation in Kenya, criminal responsibility shall not be imposed on a person for an act or omission which he does in the exercise of the right of self-defense or defense of another or property."

Additionally, the Constitution of Kenya, 2010, under Article 50, guarantees the right to a fair trial, which includes the right to present a defense.

### 3. Elements of a Self-Defense Claim

To successfully claim self-defense, the following elements must be established:

- **Imminence of Threat**: The threat must be immediate and not speculative.
- **Proportionality**: The force used in self-defense must be proportional to the threat faced.
- **Necessity**: The act must be necessary to avert the threat.
- **Reasonableness**: The belief in the necessity of the act must be reasonable.

### 4. Case Laws and Legal Precedents

#### 4.1. **Palmer v. R [1971] AC 814**

In this case, the Privy Council held that a person who is attacked may defend themselves, but the force used must be reasonable in the circumstances. This case is often cited in Kenyan courts to determine the reasonableness of the force used in self-defense.

#### 4.2. **Ahmed Mohammed Omar & 5 others v. Republic [2014] eKLR**

The Court of Appeal in this case reiterated that the right to self-defense is a fundamental right, but it must be exercised within the bounds of reasonableness and necessity.

#### 4.3. **Republic v. David Kinyua [2018] eKLR**

In this case, the High Court acquitted the accused on the grounds of self-defense, emphasizing that the accused had a reasonable belief that his life was in imminent danger.

### 5. Sample Affidavit

---

#### Affidavit in Support of Self-Defense Claim

---

**REPUBLIC OF KENYA**

**IN THE HIGH COURT OF KENYA AT [LOCATION]**

**CRIMINAL CASE NO. [XXXX]**

**BETWEEN**

**REPUBLIC**  
**(Prosecution)**

**AND**

**[YOUR FULL NAME]**  
**(Accused/Defendant)**

---

**AFFIDAVIT IN SUPPORT OF SELF-DEFENSE CLAIM**

I, [Your Full Name], of Post Office Box Number [Your P.O. Box], [Your City], in the Republic of Kenya, do hereby make oath and state as follows:

1. **Personal Information**
   - I am an adult male/female of sound mind and the accused/defendant in this case.
   - My address for service is [Your Address].

2. **Incident Description**
   - On [Date], at approximately [Time], I was at [Location].
   - I was approached by [Name of Aggressor], who appeared agitated and aggressive.

3. **Perceived Threat**
   - [Name of Aggressor] verbally threatened me, stating, "[Exact Words of Threat]."
   - [Name of Aggressor] then proceeded to [Describe Aggressive Actions, e.g., brandishing a weapon, advancing towards me menacingly].

4. **Response to Threat**
   - Fearing for my life and believing that I was in imminent danger, I [Describe Your Actions, e.g., took a defensive stance, used reasonable force to disarm the aggressor].
   - My actions were solely aimed at protecting myself from the immediate threat posed by [Name of Aggressor].

5. **Proportionality and Reasonableness**
   - The force I used was proportional to the threat I faced. I did not use excessive force beyond what was necessary to neutralize the threat.
   - I had a reasonable belief that my life was in imminent danger, and my actions were necessary to avert the threat.

6. **Aftermath**
   - After the incident, I immediately reported the matter to [Name of Police Station] and provided a full account of the events.
   - I have cooperated fully with the police and other authorities during the investigation.

7. **Conclusion**
   - I assert that my actions were in self-defense and were necessary to protect myself from imminent harm.
   - I respectfully request that this Honorable Court considers my claim of self-defense in determining the outcome of this case.

**SWORN at [Location] by the said [Your Full Name]**

**This [Date] day of [Month], [Year]**

**_________________________**  
**[Your Full Name]**

**BEFORE ME**

**_________________________**  
**COMMISSIONER FOR OATHS**

---

### 6. Conclusion

Self-defense is a legitimate and recognized defense under Kenyan law. By providing a detailed affidavit that outlines the circumstances of the threat, the necessity of the response, and the proportionality of the force used, a defendant can substantiate their claim of self-defense. It is crucial to ensure that all elements of self-defense are clearly articulated and supported by evidence.

### 7. TLDR

To support a self-defense claim in Kenya, an affidavit must detail the imminent threat, the necessity and proportionality of the response, and the reasonableness of the belief in the threat. Relevant case laws such as Palmer v. R and Ahmed Mohammed Omar & 5 others v. Republic provide legal precedents for evaluating self-defense claims.

---

Sources:
- [Kenya Law Reports](http://www.kenyalaw.org)
- [Penal Code (Cap 63)](http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%2063)
- [Palmer v. R [1971] AC 814](https://www.bailii.org/uk/cases/UKPC/1971/1971_6.html)
- [Ahmed Mohammed Omar & 5 others v. Republic [2014] eKLR](http://kenyalaw.org/caselaw/cases/view/102468/)
- [Republic v. David Kinyua [2018] eKLR](http://kenyalaw.org/caselaw/cases/view/157891/)

Draft an affidavit in support of a client's self-defense claim

Ask a lawyer: Draft an affidavit in support of a client's self-defense claim

Affidavit in Support of Self-Defense Claim

Table of Contents

Introduction

Facts of the Case

Self-Defense

Conclusion

Ask a lawyer:
Draft an affidavit in support of a client's self-defense claim