Assault is a serious criminal offense under Kenyan law, and understanding its definition, classifications, penalties, and legal procedures is important for both victims and accused individuals. Whether you’re seeking justice or legal clarity, this guide breaks down everything you need to know about assault laws in Kenya.
What Is Assault Under Kenyan Law?
Assault in Kenya is defined under the Penal Code (Cap 63 of the Laws of Kenya). It refers to the intentional application of force or threat of force to another person without lawful justification.
There are different types of assault recognized under Kenyan law, including:
1. Common Assault (Simple Assault)
- Involves minor threats or physical harm without severe injuries.
- Examples: Slapping, pushing, or verbally threatening someone with harm.
2. Assault Causing Actual Bodily Harm
- Involves physical attacks that cause visible injuries or harm (e.g., bruises, cuts, or swelling).
- This is a more serious offense than common assault.
3. Grievous Harm / Assault Causing Grievous Bodily Harm
- Involves severe injuries such as broken bones, disfigurement, or injuries that endanger life.
- Carries much heavier penalties due to the intensity of harm caused.
Legal Provisions: What the Penal Code Says
Here’s a breakdown of relevant sections in the Penal Code:
- Section 250 – Defines common assault.
- Section 251 – Covers assault causing actual bodily harm.
- Section 234 – Covers grievous harm and attempted murder-related injuries.
- Section 253-255 – Covers assaulting police officers or public officers during duty.
Penalties for Assault in Kenya
The punishment depends on the severity of the assault:
| Type of Assault | Legal Section | Maximum Penalty |
|---|---|---|
| Common Assault | Section 250 | Up to 1 year imprisonment |
| Assault Causing Actual Bodily Harm | Section 251 | Up to 5 years imprisonment |
| Grievous Harm | Section 234 | Life imprisonment |
| Assaulting a Police Officer | Section 253 | Up to 5 years imprisonment |
Note: In some cases, fines or probation may be issued depending on the circumstances and severity.
Legal Procedure: What Happens After an Assault?
If you’re a victim of assault, follow these steps:
- Report the incident to the nearest police station.
- Obtain a P3 Form and visit a government hospital for examination.
- Submit the completed P3 Form to the police to aid in prosecution.
- The police will investigate and, if necessary, arrest the accused.
If you’re accused of assault, it is crucial to:
- Seek legal representation immediately.
- Avoid retaliating or violating bail conditions.
- Attend all court proceedings as scheduled.
Can Assault Be Settled Out of Court?
In cases of common assault, parties may settle out of court through mediation or reconciliation. However, grievous harm and aggravated assaults are treated as serious criminal offenses and must go through the judicial system.
Assault and Domestic Violence
Assault within a domestic setting is handled under the Protection Against Domestic Violence Act, 2015. Victims can seek:
- Protection orders
- Counseling services
- Shelter and support from gender desks or organizations like FIDA Kenya
Final Thoughts
Assault is not only a physical act—it is a criminal offense that can lead to life-altering consequences. Whether you’re defending your rights or seeking justice, understanding Kenya’s assault laws ensures you take the right steps.