M-Wakili

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

  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.

Answered by mwakili.com