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Moses Kuria bill seeks to allow people to fight in self-defence in election violence

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Gatundu South MP Moses Kuria has proposed a law that will allow citizens to defend themselves in case of political violence.

He yesterday wrote to Speaker Justin Muturi seeking permission to introduce the Stand Your Ground Bill to the National Assembly next year.

“The bill will supplement existing national measures that entitle every person to freedom and security,” Kuria said in his letter.

He said the proposed legislation, popular in the US, aims to protect life and property. “The principle of giving civilians a legal framework within which they can engage and combat crime first, deters crime and reduces unnecessary loss of life and wanton destruction of property,” Kuria said.

He said the doctrine behind a stand-your-ground law – sometimes called “line in the sand” or “no duty to retreat law” – is a justification in a criminal case.

“A threatened individual can stand their ground and use otherwise unlawful force without retreating, in order to protect and defend themselves or others against threats or perceived threats and protect property as well,” Kuria says.

He cited laws in the US and Ireland, where there is no duty to retreat from any place where someone has a lawful right to be, and that the person can use any level of force if he reasonably believes the threat rises to the level of being an imminent and immediate threat of serious bodily harm or death or loss of property.

“After some research, I realised as a country we can further improve our security situation by employing other strategies that are effective, cheap and easily supplement the existing measures,” Kuria says.

“One such strategy is a legal civilian deterrence mechanism that gives the masses the locus to stand up against criminal elements within a legally defined framework.”

Star Leader: Stand your ground against Moses Kuria


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