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)
Steps
- 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.
- 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.
- 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)
- Penal Code (Cap. 63) new.kenyalaw.org · read 4 Oct 2026
- Kenya Police Service home page kenyapolice.go.ke · read 3 Oct 2026
- Legal Aid nlas.go.ke · read 3 Oct 2026