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Can I defend myself if I am attacked?

Penal Code · sources read 4 Oct 2026

The Penal Code says criminal responsibility for using force to defend a person or property is decided by the principles of English common law. When force is used in a lawful arrest of someone who resists, the court looks at whether the force was necessary and reasonable, given how serious the offence was.

Where
Any police station (emergency: 999, 112 or 911); legal aid from the National Legal Aid Service (nlas.go.ke)
Go to the official site

Steps

  1. If you are attacked, or had to use force to protect yourself, report to the police as soon as you can. In an emergency, call 999, 112 or 911.
  2. If you are charged and cannot afford a lawyer, you can apply to the National Legal Aid Service, which handles criminal matters, at any stage before the case ends.
  3. Fill in the NLAS application form online or at any NLAS office.

Watch out

  • The common law rule applies subject to any express provision in the Penal Code or another Kenyan law.
  • In an arrest, the force must fit the situation: the court weighs how serious the offence was and the circumstances.
  • Provocation is not the same as self-defence. Killing in the heat of passion after sudden provocation, before there is time to cool down, is still manslaughter.

Who this covers

  • Anyone who uses force to defend themselves, another person or property.
  • Anyone charged over force used while lawfully arresting, or trying to arrest, a person who resists or tries to escape.
Official sources (3)
  1. Penal Code (Cap. 63) new.kenyalaw.org · read 4 Oct 2026
  2. Kenya Police Service home page kenyapolice.go.ke · read 3 Oct 2026
  3. Legal Aid nlas.go.ke · read 3 Oct 2026

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