Recent cases of phone snatching by motorbike riders along Nairobi’s Raila Odinga Road have raised a critical legal question: if you are a licensed firearm holder in Kenya, can you shoot a thief who grabs your phone and escapes?
The short answer is no. Kenyan law does not allow a licensed gun holder to shoot a fleeing thief whose actions no longer pose an immediate threat to life.
Legal Framework Governing Firearm Use
The use of firearms by civilians in Kenya is tightly regulated under the Penal Code (Cap 63) and the Firearms Act (Cap 114). These laws permit the use of force, including deadly force, only under strict conditions grounded in self-defence.
For a firearm to be lawfully used, there must be an imminent and reasonable threat of death or serious bodily harm to the gun holder or another person.
The law is clear that firearms are not tools for protecting property but for safeguarding life.
Why Shooting a Fleeing Thief Is Illegal
Once a thief snatches a phone and speeds away on a motorcycle, the immediate threat to life is considered to have ended. At that point, shooting the suspect would fail several legal tests.
First is proportionality. Lethal force against an unarmed, fleeing suspect who poses no immediate danger is viewed as excessive. Second is necessity.
The law requires that firearms be used only when less extreme measures are ineffective or unavailable. Finally, Kenyan law places a higher value on human life than on property, regardless of the financial or personal loss involved.
Legal Consequences
A licensed gun holder who shoots a fleeing phone thief would likely face serious criminal charges. Depending on the outcome, this could include manslaughter or murder, as the shooting would be treated as an unjustified use of deadly force.
What Licensed Gun Holders Should Do Instead
In such incidents, the recommended course of action is to prioritize personal safety and rely on lawful processes. Victims should report the theft immediately, provide detailed descriptions of the suspect and the motorcycle, and cooperate fully with police investigations.
While phone snatching remains a serious crime in Nairobi, the law is explicit: firearms are for the protection of life, not for retaliation or recovery of stolen property.