A globally acceptable definition of a trespasser is someone who enters or remains on the premises of another without permission.
Burglaries and break-ins can be terrifying to deal with, especially in Kenya, since, in most cases, you cannot quickly tell whether the intruders are armed, and police response isn’t always the quickest.
As a licensed gun owner, you seem to have more options for handling trespassing, but does Kenyan law allow individuals to shoot trespassers in Kenya?
No, shooting trespassers is prohibited under Kenyan Law unless there is an imminent danger or threat to your safety. Regardless of having a gun license, you’re required by law to call the police. If you must use physical force, you should do so to disarm or deter your assailant and save lethal force as a last resort.
If you’re confident that the intruder is there to harm you, you should still take measures to de-escalate the situation and avoid using force.
Remember that even with the law on your side, you could face charges depending on how you act and how much force you use.
What Does The Law Say About Shootings And Gun Ownership?
The Kenya Firearms Board strictly regulates gun ownership in Kenya, and only under exceptional circumstances can one legally acquire firearms in Kenya.
Possession of unlicensed firearms in Kenya is a severe offense that carries a sentence of up to 40 years.
What If Someone Trespasses On Your Property?
It’s the duty of the Kenyan Police Service to serve and protect. Therefore, if you have an intruder in your home, observe personal safety, and if it’s safe, call the police on 999.
As hard as this sounds, you should not engage with the intruder unless the circumstances force you to.
Comply with the intruder’s requests and stay alive.
If your intruder isn’t armed, you have the right to demand that they vacate your property, and should they refuse to do so, you should call the police.
Can You Shoot Trespassers If They’re Stealing?
Regardless of what the person is up to, Kenyan Laws remain strict on what counts as self-defense and your right to protect property.
Therefore, you cannot shoot a trespasser on your property, even if they’re stealing, under Kenyan Law.
It’s up to you to seek other remedies, including calling the police.
What If You Think They’re Going To Harm You?
When it’s up to your judgment, and the court relies on your account of events, it’s still necessary to show the steps you took to de-escalate the situation or avert the need to use force.
Using deadly force is only safe when all other options fail, and you’re in looming danger.
What Are The Legal Consequences Of Shooting A Trespasser?
If a person enters your property, you are entitled to use reasonable force to remove that person. However, the law recognizes that some people may try to take advantage of the law and use force maliciously. As such, before you shoot anyone, you will want to consider the following carefully:
Was the entry onto your property lawful? What can you do to prevent them from harming me or from the situation from turning violent?
If you shoot a trespasser on your property in Kenya, you will face grave assault or attempted murder charges, but if your legal team can prove a necessity to use force to protect yourself, you stand to win an acquittal as that would be self-defense.
Only if the person was a trespasser or intruder with malicious intent and there is no evidence to refute such a claim, then should you defend yourself.
You should remember that even with the law on your side, a court may still rule against you if you do not have a strong claim of self-defense.
What If You Shot Dead A Trespasser?
A successful murder conviction depends on the prosecution’s proof of pre-meditation which means planning to kill and possibly even talking to other people about it before doing so.
Since the intruder was unexpected in your case, you stand to face trial for manslaughter.
Manslaughter is a lesser crime than murder but is still a serious offense. It’s just as possible to beat the case with a solid defense. However, if the court finds you guilty of manslaughter, you will receive a sentence that the court sees fit.
The Kenyan law doesn’t automatically consider your use of lethal force to be self-defense unless you, through your lawyer, can prove the necessity of deadly force or beat the case in other ways, like poking holes at the accounts of the events.
Conclusion
The Kenyan Law remains strict on gun regulations and the use of potentially lethal force, so should you find yourself in a situation where you have to defend yourself, it’s necessary to take other precautionary measures first before resorting to shooting your intruder or trespasser.
Shooting a trespasser should never be the first cause of action.
While you may believe that you were doing the right thing by preventing harm to yourself or others, Kenyan Law doesn’t always see it that way.
To prevent licensed gun owners in Kenya from taking advantage of the law to misuse their weapons, if you shoot a trespasser, you could be charged with assault, attempted murder, or manslaughter, depending on the extent of their injuries.
