A recent incident involving a violent altercation between a civilian and a security officer at a popular entertainment venue has reignited public debate on the legal boundaries of private security conduct.
It’s claimed that the individual involved may have been seen holding a knife possibly backed by security footage. However, even in such a scenario, Kenyan law provides very clear guidelines: no one, including security staff, has the right to deliver punishment through violence.
The Law on Use of Force
Kenya’s Penal Code is explicit. Section 250 defines assault as any unlawful act that causes another person to fear immediate force, while Section 251 criminalizes assault occasioning actual bodily harm punishable by up to 5 years in prison. More serious charges could apply if injuries are severe.
Even if someone is suspected of carrying a weapon or acting unlawfully, security personnel are not allowed to use force beyond what is reasonable and necessary for self-defense.
Why Evidence Alone Is Not Enough
A video showing a suspect holding a knife may be used during investigations but it does not grant permission to attack or injure that individual. The correct legal response would be:
- Detain the suspect safely (if necessary)
- Call law enforcement
- Avoid excessive force, threats or statements that indicate intent to harm
Statements like "I'll kill him", which have surfaced in recent viral footage, raise serious legal concerns and may result in charges beyond assault such as uttering threats or attempted grievous harm.
Constitutional Rights Still Apply
Every person in Kenya, even if accused is protected by the Constitution:
- Article 28: Right to dignity
- Article 29: Freedom from violence
- Article 49: Rights of arrested persons, including fair treatment
Violating these rights in the name of security can land perpetrators in legal trouble regardless of the context.
Legal Balance: Justice Without Abuse
Security roles demand firmness and control and not brutality. A person holding a weapon may pose a threat but responding with rage or unlawful violence only worsens the situation and can expose both the individual and the business to lawsuits or criminal prosecution.
Final Word
Whether the suspect was innocent or guilty, the law does not allow anyone to take justice into their own hands. Every incident should be handled with professionalism, restraint and accountability.
In Kenya, justice is not determined by anger or fear, it’s determined by evidence, due process and the law.