Ask a lawyer:
Should I be compensated if a stray bullet from a police officer hits and injures me? Who should compensate me if so?

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Introduction

In Kenya, the issue of compensation for injuries caused by stray bullets from police officers is a matter of both constitutional and statutory law. The Constitution of Kenya, 2010, and various Acts such as the National Police Service Act, 2011, and the Independent Policing Oversight Authority Act, 2011, provide the legal framework for addressing such incidents. This response will explore the relevant legal provisions and outline the steps you can take to seek compensation.

Constitutional Provisions
- 1.1 Right to Life
- 1.2 Right to Security of the Person
- 1.3 Right to Fair Administrative Action
Statutory Provisions
- 2.1 National Police Service Act, 2011
- 2.2 Independent Policing Oversight Authority Act, 2011
- 2.3 Public Authorities Liability Act, 1956
Legal Recourse and Compensation
- 3.1 Filing a Complaint
- 3.2 Civil Litigation
- 3.3 Compensation Mechanisms
Conclusion

1. Constitutional Provisions

1.1 Right to Life

Article 26 of the Constitution of Kenya, 2010: This article guarantees the right to life. Any action by a police officer that endangers life, such as the discharge of a firearm resulting in injury, can be seen as a violation of this fundamental right.

1.2 Right to Security of the Person

Article 29 of the Constitution of Kenya, 2010: This article provides for 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. A stray bullet causing injury would be a violation of this right.

1.3 Right to Fair Administrative Action

Article 47 of the Constitution of Kenya, 2010: This article ensures the right to fair administrative action that is expeditious, efficient, lawful, reasonable, and procedurally fair. If a police officer's actions are found to be unreasonable or unlawful, this article can be invoked.

2. Statutory Provisions

2.1 National Police Service Act, 2011

Section 49 of the National Police Service Act, 2011: This section outlines the circumstances under which police officers may use firearms. The use of firearms must be justified, and any misuse can lead to disciplinary action and potential liability.

2.2 Independent Policing Oversight Authority Act, 2011

Section 6 of the Independent Policing Oversight Authority Act, 2011: This section establishes the Independent Policing Oversight Authority (IPOA), which is responsible for investigating complaints against police officers, including the misuse of firearms.

2.3 Public Authorities Liability Act, 1956

Section 4 of the Public Authorities Liability Act, 1956: This section provides for the liability of public authorities, including the police, for wrongful acts committed by their officers in the course of their duties.

3. Legal Recourse and Compensation

3.1 Filing a Complaint

Independent Policing Oversight Authority (IPOA): You can file a complaint with the IPOA, which will investigate the incident. If the police officer is found to have acted unlawfully, the IPOA can recommend disciplinary action and compensation.

3.2 Civil Litigation

Filing a Lawsuit: You can file a civil lawsuit against the National Police Service for damages. The suit can be based on the violation of your constitutional rights and the negligence of the police officer.

3.3 Compensation Mechanisms

Court-Ordered Compensation: If the court finds in your favor, it can order the National Police Service to compensate you for your injuries, medical expenses, and other related costs.
Government Compensation Schemes: In some cases, the government may have compensation schemes for victims of police misconduct, although these are not always guaranteed.

Conclusion

In summary, if you are injured by a stray bullet from a police officer, you have the right to seek compensation. The Constitution of Kenya, 2010, and various statutory provisions provide a framework for addressing such incidents. You can file a complaint with the Independent Policing Oversight Authority (IPOA) and pursue civil litigation to seek compensation for your injuries. The National Police Service, as a public authority, can be held liable for the wrongful acts of its officers.

By understanding your rights and the legal avenues available, you can take the necessary steps to seek justice and compensation for any harm suffered.