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Kenya Act or statute

Parliament of Kenya

Penal Code

The Act may be cited as the Penal Code and is referred to as "this Code". Preserves liability, trial or punishment of a person for an offence against the common law or any other law in force in Kenya other than this…

Jurisdiction
Kenya
Structure
416 provisions
Citation
Cap. 63
Dates
As at 11 Dec 2023
More statute details
Dates
As at 11 Dec 2023

Source attribution: Source: Kenya Law

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01

Purpose and legislative effect

“The Act may be cited as the Penal Code and is referred to as "this Code".”

The Act may be cited as the Penal Code and is referred to as "this Code". Preserves liability, trial or punishment of a person for an offence against the common law or any other law in force in Kenya other than this Code. Section 3 has been deleted. Defines an office as "any office the holder of which is appointed or removed by the President or by any public commission." The courts of Kenya have jurisdiction that covers every place within Kenya, including territorial waters, for the purposes of this Code.

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1. Short title

The Act may be cited as the Penal Code and is referred to as "this Code".

Section 1

394. Conspiracy to commit misdemeanour

Any person who conspires with another to commit a misdemeanour (including acts abroad that would be misdemeanours in Kenya and are offences where proposed) is guilty of a misdemeanour.

Section 394

184. Unauthorized uniforms

It is a criminal offence for persons not serving in the armed forces or police (unless lawfully present in Kenya and with permission) to wear, import, sell, or possess for sale uniforms or dress resembling military/regimental uniforms without the Cabinet…

Section 184

04

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Source record from new.kenyalaw.org · As at 11 Dec 2023

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Provisions 1–200

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Showing 200 of 416 provisions

Provision 122Offence 65Interpretation 4Substitution 3
§ 11. Short titleShort title

The Act may be cited as the Penal Code and is referred to as "this Code".

Section 1. Short title Section This Act may be cited as the Penal Code and is hereinafter referred to as "this Code".
Section 1Verify source
§ 22. SavingOffence

Preserves liability, trial or punishment of a person for an offence against the common law or any other law in force in Kenya other than this Code.

Section 2. Saving Section the liability, trial or punishment of a person for an offence against the common law or against any other law in force in Kenya other than this Code; or
Section 2Verify source
§ 33.[Deleted by ActNo. 5 of 2003, s. 2.]Provision

Section 3 has been deleted.

Section 3.[Deleted by ActNo. 5 of 2003, s. 2.]
Section 3Verify source
§ 44. InterpretationInterpretation

Defines an office as "any office the holder of which is appointed or removed by the President or by any public commission."

Section 4. Interpretation Section any office the holder of which is appointed or removed by the President or by any public commission;
Section 4Verify source
§ 55. Jurisdiction of local courtsProvision

The courts of Kenya have jurisdiction that covers every place within Kenya, including territorial waters, for the purposes of this Code.

Section 5. Jurisdiction of local courts Section The jurisdiction of the courts of Kenya for the purposes of this Code extends to every place within Kenya, including territorial waters.[ActNo. 24 of 1967, Sch.]
Section 5Verify source
§ 66. Offences committed partly within and partly beyond the jurisdictionOffence

If an act is done partly inside and partly outside the jurisdiction, every person who within the jurisdiction does or makes part of the act may be tried and punished under this Code as if the act were done wholly inside the jurisdiction.

Section 6. Offences committed partly within and partly beyond the jurisdiction Section When an act which, if wholly done within the jurisdiction of the court, would be an offence against this Code, is done partly within and partly beyond the jurisdiction, every person who within the jurisdiction does or makes any part of such act may be tried and punished under this Code in the same manner as if such act had been done wholly within the jurisdiction.
Section 6Verify source
§ 1010. Mistake of factProvision

A person acting under an honest and reasonable mistake of fact is not criminally responsible to a greater extent than if the facts were as the person believed.

Section 10. Mistake of fact Section 10(1) A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had been such as he believed to exist. Section 10(2) The operation of this section may be excluded by the express or implied provisions of the law relating to the subject.
Section 10Verify source
§ 1111. Presumption of sanityProvision

Every person is presumed to be of sound mind unless the contrary is proved.

Section 11. Presumption of sanity Section Every person is presumed to be of sound mind, and to have been of sound mind at any time which comes in question, until the contrary is proved.
Section 11Verify source
§ 1212. InsanityProvision

A person is not criminally responsible for an act or omission if, due to a mental disease, they cannot understand their act or know it is wrong; however, they may be responsible if the disease does not produce those effects.

Section 12. Insanity Section A person is not criminally responsible for an act or omission if at the time of doing the act or making the omission he is through any disease affecting his mind incapable of understanding what he is doing, or of knowing that he ought not to do the act or make the omission; but a person may be criminally responsible for an act or omission, although his mind is affected by disease, if such disease does not in fact produce upon his mind one or other of the effects above mentioned in reference to that act or omission.
Section 12Verify source
§ 1313. IntoxicationOffence

Intoxication is normally not a defence to criminal charges, but it is a defence for a person charged if it prevented them from knowing their act was wrong or what they were doing, where (a) the intoxication was caused without their consent by another's malicious or negligent act, or (b) they were by reason of intoxication insane at the time.

Section 13. Intoxication Section 13(1) Save as provided in this section, intoxication shall not constitute a defence to any criminal charge. Section 13(2) Intoxication shall be a defence to any criminal charge if by reason thereof the person charged at the time of the act or omission complained of did not know that such act or omission was wrong or did not know what he was doing and— Section 13(2)(a) the state of intoxication was caused without his consent by the malicious or negligent act of another person; or Section 13(2)(b) the person charged was by reason of intoxication insane, temporarily or otherwise, at the time of such act or omission. Section 13(3) Where the defence under subsection (2) is established, then in a case falling under paragraph (a) thereof the accused shall be discharged, and in a case falling under paragraph (b) the provisions of this Code and of the Criminal Procedure Code (Cap. 75) relating to insanity shall apply. Section 13(4) Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention, specific or otherwise, in the absence of which he would not be guilty of the offence. Section 13(5) For the purpose of this section, "intoxication" includes a state produced by narcotics or drugs.
Section 13Verify source
§ 1414. Immature ageProvision

Persons under eight are not criminally responsible; persons under twelve are not criminally responsible except if they had capacity to know their act was wrong; male persons under twelve are presumed incapable of carnal knowledge.

Section 14. Immature age Section 14(1) A person under the age of eight years is not criminally responsible for any act or omission. Section 14(2) A person under the age of twelve years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission he had capacity to know that he ought not to do the act or make the omission. Section 14(3) A male person under the age of twelve years is presumed to be incapable of having carnal knowledge.[ActNo. 8 of 1963, s. 81.]
Section 14Verify source
§ 1515. Judicial officersProvision

A judicial officer is exempt from criminal responsibility for acts or omissions done in the exercise of judicial functions, except where this Code expressly provides otherwise.

Section 15. Judicial officers Section Except as expressly provided by this Code, a judicial officer is not criminally responsible for anything done or omitted to be done by him in the exercise of his judicial functions, although the act done is in excess of his judicial authority or although he is bound to do the act omitted to be done.
Section 15Verify source
§ 1616. CompulsionOffence

A person is not criminally responsible for an offence if the offence is by multiple offenders and the person was compelled throughout by immediate threats of death or grievous bodily harm from the other offender(s); threats of future injury or threats to cause death are not an excuse.

Section 16. Compulsion Section A person is not criminally responsible for an offence if it is committed by two or more offenders, and if the act is done or omitted only because during the whole of the time in which it is being done or omitted the person is compelled to do or omit to do the act by threats on the part of the other offender or offenders instantly to kill him or do him grievous bodily harm if he refuses; but threats of future injury do not excuse any offence, nor do any threats excuse the causing of, or the attempt to cause, death.[ActNo. 54 of 1960, s. 3, ActNo. 8 of 1963, s. 81, ActNo. 19 of 1964, s. 2.]
Section 16Verify source
§ 1717. Defence of person or propertyProvision

Whether criminal responsibility for using force in defence of a person or property applies is to be determined according to English Common Law principles, subject to any express provisions in this Code or other Kenyan law.

Section 17. Defence of person or property Section Subject to any express provisions in this Code or any other law in operation in Kenya, criminal responsibility for the use of force in the defence of person or property shall be determined according to the principles of English Common Law.
Section 17Verify source
§ 1818. Use of force in effecting arrestOffence

When assessing whether force used in effecting an arrest was necessary or reasonable, the court must take into account the seriousness of the offence and the circumstances of its commission.

Section 18. Use of force in effecting arrest Section Where any person is charged with a criminal offence arising out of the lawful arrest, or attempted arrest, by him of a person who forcibly resists such arrest or attempts to evade being arrested, the court shall, in considering whether the means used were necessary, or the degree of force used was reasonable, for the apprehension of such person, have regard to the gravity of the offence which had been or was being committed by such person and the circumstances in which such offence had been or was being committed by such person.
Section 18Verify source
§ 1919. Compulsion by husbandOffence

A wife may rely on proof that an offence was committed in her husband's presence and under his coercion as a defence, except for treason or murder.

Section 19. Compulsion by husband Section A married woman is not free from criminal responsibility for doing or omitting to do an act merely because the act or omission takes place in the presence of her husband; but, on a charge against a wife for any offence other than treason or murder, it shall be a good defence to prove that the offence was committed in the presence of, and under the coercion of, the husband.
Section 19Verify source
§ 77. Ignorance of lawOffence

Ignorance of the law is not an excuse for an act or omission that would otherwise be an offence, except where knowledge of the law is expressly an element of the offence.

Section 7. Ignorance of law Section Ignorance of the law does not afford any excuse for any act or omission which would otherwise constitute an offence unless knowledge of the law by the offender is expressly declared to be an element of the offence.
Section 7Verify source
§ 88.Bona fideclaim of rightOffence

A person is exempt from criminal responsibility for property offences if they acted under an honest claim of right and lacked intent to defraud.

Section 8.Bona fideclaim of right Section A person is not criminally responsible in respect of an offence relating to property, if the act done or omitted to be done by him with respect to the property was done in the exercise of an honest claim of right and without intention to defraud.
Section 8Verify source
§ 99. Intention and motiveOffence

A person is not criminally responsible for acts or events that occur independently of their will or by accident, subject to express provisions about negligent acts and omissions.

Section 9. Intention and motive Section 9(1) Subject to the express provisions of this Code relating to negligent acts and omissions, a person is not criminally responsible for an act or omission which occurs independently of the exercise of his will, or for an event which occurs by accident. Section 9(2) Unless the intention to cause a particular result is expressly declared to be an element of the offence constituted, in whole or part, by an act or omission, the result intended to be caused by an act or omission is immaterial. Section 9(3) Unless otherwise expressly declared, the motive by which a person is induced to do or omit to do an act, or to form an intention, is immaterial so far as regards criminal responsibility.
Section 9Verify source
§ 2020. Principal offendersOffence

Section 20 defines who is deemed to have taken part in committing an offence: anyone who does the act or omission, enables or aids another, aids or abets, or counsels or procures another; convictions for counselling or procuring carry the same consequences as committing the offence; procuring another can make the procurer guilty and liable to the same punishment.

Section 20. Principal offenders Section 20(1) When an offence is committed, each of the following persons is deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with actually committing it, that is to say— Section 20(1)(a) every person who actually does the act or makes the omission which constitutes the offence; Section 20(1)(b) every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence; Section 20(1)(c) every person who aids or abets another person in committing the offence; Section 20(1)(d) any person who counsels or procures any other person to commit the offence, Section 20(2) A conviction of counselling or procuring the commission of an offence entails the same consequences in all respects as a conviction of committing the offence. Section 20(3) Any person who procures another to do or omit to do any act of such a nature that, if he had himself done the act or made the omission, the act or omission would have constituted an offence on his part is guilty of an offence of the same kind, and is liable to the same punishment, as if he had himself done the act or made the omission; and he may be charged with doing the act or making the omission.
Section 20Verify source
§ 2121. Joint offenders in prosecution of common purposeOffence

If two or more people form a common intention to carry out an unlawful purpose and, in doing so, an offence that was a probable consequence of that purpose is committed, each of them is treated as having committed that offence.

Section 21. Joint offenders in prosecution of common purpose Section When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence.
Section 21Verify source
§ 2222. Counselling another to commit offenceOffence

If a person counsels another to commit an offence and an offence is actually committed as a probable consequence of that counsel, the counsellor is treated as having counselled the offence actually committed.

Section 22. Counselling another to commit offence Section 22(1) When a person counsels another to commit an offence, and an offence is actually committed after such counsel by the person to whom it is given, it is immaterial whether the offence actually committed is the same as that counselled or a different one, or whether the offence is committed in the way counselled or in a different way, provided in either case that the facts constituting the offence actually committed are a probable consequence of carrying out the counsel. Section 22(2) In either case the person who gave the counsel is deemed to have counselled the other person to commit the offence actually committed by him.
Section 22Verify source
§ 2323. Offences by corporations, societies, etc.Offence

If an offence is committed by a company, every person in control or management of that company is to be treated as guilty and liable to punishment unless they can prove lack of awareness or that they took all reasonable steps to prevent it.

Section 23. Offences by corporations, societies, etc. Section Where an offence is committed by any company or other body corporate, or by any society, association or body of persons, every person charged with, or concerned or acting in, the control or management of the affairs or activities of such company, body corporate, society, association or body of persons shall be guilty of that offence and liable to be punished accordingly, unless it is proved by such person that, through no act or omission on his part, he was not aware that the offence was being or was intended or about to be committed, or that he took all reasonable steps to prevent its commission.[ActNo. 54 of 1960, s. 5.]
Section 23Verify source
§ 2424. Different kinds of punishmentsProvision

Section 24: Different kinds of punishments

Section 24. Different kinds of punishments Section death;
Section 24Verify source
§ 2525. Sentence of deathOffence

If a convicted person was under 18 when the offence was committed, the court shall not record death but shall sentence that person to be detained during the President’s pleasure; the presiding judge must forward trial evidence and a written report to the President; the President may direct place and conditions of detention.

Section 25. Sentence of death Section 25(1) Where any person is sentenced to death, the form of the sentence shall be to the effect only that he is to suffer death in the manner authorized by law. Section 25(2) * Sentence of death shall not be pronounced on or recorded against any person convicted of an offence if it appears to the court that at the time when the offence was committed he was under the age of eighteen years, but in lieu thereof the court shall sentence such person to be detained during the President’s pleasure, and if so sentenced he shall be liable to be detained in such place and under such conditions as the President may direct, and whilst so detained shall be deemed to be in legal custody.*Power delegated to the Cabinet Secretary and to the Permanent Secretary of the Ministry for the time being responsible for Prisons (L.N. 579/1963). Section 25(3) When a person has been sentenced to be detained during the President’s pleasure under subsection (2), the presiding judge shall forward to the President a copy of the notes of evidence taken on the trial, with a report in writing signed by him containing any recommendation or observations on the case he may think fit to make.[ActNo. 53 of 1952, s. 2, ActNo. 36 of 1962, Sch., L.N. 124/1964, ActNo. 21 of 1966, 2nd Sch.]
Section 25Verify source
§ 2626. ImprisonmentSubstitution

Section 26 governs sentences of imprisonment, stating that imprisonment (with or without hard labour) is the form of sentence, allows shorter terms where the law permits, permits fines in addition to or instead of imprisonment subject to provisos, and prohibits substituting a fine where a minimum imprisonment is prescribed.

Section 26. Imprisonment Section 26(1) A sentence of imprisonment for any offence shall be to imprisonment or to imprisonment with hard labour as may be required or permitted by the law under which the offence is punishable. Section 26(2) Save as may be expressly provided by the law under which the offence concerned is punishable, a person liable to imprisonment for life or any other period may be sentenced to any shorter term. Section 26(3) A person liable to imprisonment for an offence may be sentenced to pay a fine in addition to or in substitution for imprisonment:Provided that— Section 26(3)(i) where the law concerned provides for a minimum sentence of imprisonment, a fine shall not be substituted for imprisonment; Section 26(3)(ii) deleted by ActNo. 5 of 2003, s. 4.
Section 26Verify source
§ 26A26A. Recommendation for removal from KenyaOffence

Courts may order non-citizens convicted of offences punishable by up to twelve months' imprisonment to be removed from Kenya (immediately or after sentence); if the offence is punishable by more than twelve months, the court must, if satisfied the person may be removed, recommend removal to the Cabinet Secretary under section 43 of the Kenya Citizenship and Immigration Act.

Section 26A. Recommendation for removal from Kenya Section Where a person who is not a citizen of Kenya is convicted of an offence punishable with imprisonment for a term not exceeding twelve months the court by which he is convicted, or any court to which his case is brought by way of appeal against conviction or sentence may, by directions to the Inspector-General of Police and the Commissioner-General of Prisons (including directions on how the order shall be carried out) order that the person be removed from and remain out of Kenya either immediately or on completion of any sentence of imprisonment imposed; but where the offence for which the person is convicted is punishable with imprisonment for a term exceeding twelve months, the court shall, where it is satisfied that the person may be removed from Kenya, recommend to the Cabinet Secretary for the time being responsible for immigration that an order for removal from Kenya be made in accordance with section 43 of the Kenya Citizenship and Immigration Act (Cap. 170).[ActNo. 24 of 1967, Sch., ActNo. 19 of 1984, Sch.]
Section 26AVerify source
§ 2727.[Deleted by ActNo. 5 of 2003, s. 5.]Provision

Section 27 has been deleted.

Section 27.[Deleted by ActNo. 5 of 2003, s. 5.]
Section 27Verify source
§ 2828. FinesRepeal

Where a fine is imposed and no written law specifies otherwise, courts may impose fines or imprisonment and may order imprisonment in default of payment or a warrant for levy; terms of imprisonment for non-payment are subject to maximum periods set by a scale, and imprisonment in default ends when the fine is paid or levied.

Section 28. Fines Section 28(1) Where a fine is imposed under any law, then in the absence of express provisions relating to the fine in that law the following provisions shall apply— Section 28(1)(a) where no sum is expressed to which the fine may extend, the amount of the fine which may be imposed is unlimited, but shall not be excessive; Section 28(1)(b) in the case of an offence punishable with a fine or a term of imprisonment, the imposition of a fine or a term of imprisonment shall be a matter for the discretion of the court; Section 28(1)(c) in the case of an offence punishable with imprisonment as well as a fine in which the offender is sentenced to a fine with or without imprisonment, and in every case of an offence punishable with fine only in which the offender is sentenced to a fine, the court passing sentence may, in its discretion— Section 28(1)(c) direct by its sentence that in default of payment of the fine the offender shall suffer imprisonment for a certain term, which imprisonment shall be in addition to any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of sentence; and also Section 28(1)(c)(i) direct by its sentence that in default of payment of the fine the offender shall suffer imprisonment for a certain term, which imprisonment shall be in addition to any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of sentence; and also Section 28(1)(c)(ii) issue a warrant for the levy of the amount on the immovable and movable property of the offender by distress and sale under warrant: Section 28(2) In the absence of express provisions in any written law relating thereto, the term of imprisonment or detention under the Detention Camps Act (Repealed) ordered by a court in respect of the non-payment of any sum adjudged to be paid for costs undersection 32or compensation undersection 31or in respect of the non-payment of a fine or of any sum adjudged to be paid under the provisions of any written law shall be such term as in the opinion of the court will satisfy the justice of the case, but shall not exceed in any such case the maximum fixed by the following scale—AmountMaximum periodNot exceeding Sh. 50014 daysExceeding Sh. 500 but not exceeding Sh. 2,5001 monthExceeding Sh. 2,500 but not exceeding Sh. 15,0003 monthsSh. 15,000 but not exceeding Sh. 50,0006 monthsSh. 50,00012 months Section 28(3) The imprisonment or detention which is imposed in default of payment of a fine shall terminate whenever the fine is either paid or levied by process of law.[ActNo. 24 of 1967, Sch., ActNo. 11 of 1983, Sch., ActNo. 5 of 2003, s. 6.]
Section 28Verify source
§ 2929. ForfeitureOffence

When a person is convicted of the offences in sections 118 and 119, the court may order forfeiture of property or, if property cannot be forfeited or found, order a sum assessed as its value; any forfeited property or sum shall be dealt with as the Attorney‑General may direct.

Section 29. Forfeiture Section 29(1) When any person is convicted of an offence under any of the following sections, namely, sections118and119, the court may, in addition to or in lieu of any penalty which may be imposed, order the forfeiture of any property which has passed in connexion with the commission of the offence or, if the property cannot be forfeited or cannot be found, of such sum as the court shall assess as the value of the property; and any property or sum so forfeited shall be dealt with in such manner as the Attorney-General may direct. Section 29(2) Payment of any sum so ordered to be forfeited may be enforced in the same manner and subject to the same incidents as in the case of the payment of a fine.[ActNo. 33 of 1956, s. 13, L.N. 299/1956, L.N. 172/1960, ActNo. 24 of 1967, Sch.]
Section 29Verify source
§ 3030. Suspension or forfeiture of right to carry on businessOffence

A court that convicts a person of certain offences may order that the person be prohibited from carrying on or being involved in the relevant trade or business; failure to comply is an offence punishable by a fine up to two thousand shillings, imprisonment up to six months, or both.

Section 30. Suspension or forfeiture of right to carry on business Section 30(1) Where a person is convicted of any offence mentioned in Chapter XXXI and the offence arose out of, or was committed in the course of, any trade or business, whether carried on by such person or not, the court by which the conviction is recorded may, in addition to any other penalty which it may impose, make an order, having effect for such period as the court may think fit, prohibiting such person from carrying on, or being concerned or employed, directly or indirectly, in carrying on, any such trade or business or any branch of any such trade or business of the same or similar character. Section 30(2) Any person who fails to comply with an order made under subsection (1) is guilty of an offence and is liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding six months or to both.[ActNo. 40 of 1952, s. 2.]
Section 30Verify source
§ 3131. CompensationSubstitution

A person convicted of an offence may be ordered to pay compensation to anyone injured by that offence; that compensation may be added to or substitute other punishment.

Section 31. Compensation Section Any person who is convicted of an offence may be adjudged to make compensation to any person injured by his offence, and the compensation may be either in addition to or in substitution for any other punishment.
Section 31Verify source
§ 3232. CostsOffence

A court may order a person convicted of an offence to pay the costs (or part) of the prosecution, subject to the limitations in section 171 of the Criminal Procedure Code (Cap. 75).

Section 32. Costs Section Subject to the limitations imposed by section 171 of the Criminal Procedure Code (Cap. 75), a court may order any person convicted of an offence to pay the costs of and incidental to the prosecution or any part thereof.
Section 32Verify source
§ 3333. Security for keeping the peaceOffence

A person convicted of an offence not punishable with death may be ordered by the court to enter into a recognizance to keep the peace and be of good behaviour; the court may imprison the person until the recognizance is entered, but imprisonment for failure to enter must not exceed one year or the longest term he could be sentenced to without fine.

Section 33. Security for keeping the peace Section A person convicted of an offence not punishable with death may, instead of, or in addition to, any punishment to which he is liable, be ordered to enter into his own recognizance, with or without sureties, in such amount as the court thinks fit, conditioned that he shall keep the peace and be of good behaviour for a time to be fixed by the court, and may be ordered to be imprisoned until such recognizance, with sureties, if so directed, is entered into; but so that the imprisonment for not entering into the recognizance shall not extend for a term longer than one year, and shall not, together with the fixed term of imprisonment, if any, extend for a term longer than the longest term for which he might be sentenced to be imprisoned without fine.
Section 33Verify source
§ 3434. RecognizancesProvision

If the convicting court is satisfied a person breached recognizance conditions it may issue a warrant; an apprehended offender must be brought before that court, which may remand, admit to bail with sufficient surety, and may pass sentence after hearing.

Section 34. Recognizances Section 34(1) If at any time the court which convicted an offender is satisfied that he has failed to observe any of the conditions of his recognizance, it may issue a warrant for his apprehension. Section 34(2) An offender when apprehended on any such warrant shall be brought forthwith before the court by which the warrant was issued, and the court may either remand him in custody until the case is heard or admit him to bail with a sufficient surety conditioned for his appearing for hearing or sentence; and the court may, after hearing the case, pass sentence. Section 34(3) The provisions of sections 128, 129 and 131 of the Criminal Procedure Code (Cap. 75) shall apply mutatis mutandis to recognizances taken undersection 33of this Code.[ActNo. 22 of 1959, s. 30(2).]
Section 34Verify source
§ 3535. Absolute and conditional dischargeOffence

Courts may discharge convicted persons absolutely or conditionally (up to 12 months); before conditional discharge the court must explain that a subsequent offence within the period can lead to sentencing for the original offence; the court may order payment of prosecution costs and compensation.

Section 35. Absolute and conditional discharge Section 35(1) Where a court by or before which a person is convicted of an offence is of opinion, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment and that a probation order under the Probation of Offenders Act (Cap. 64) is not appropriate, the court may make an order discharging him absolutely, or, if the court thinks fit, discharging him subject to the condition that he commits no offence during such period, not exceeding twelve months from the date of the order, as may be specified therein. Section 35(2) Before making an order discharging a person subject to the condition referred to in subsection (1), the court shall explain to the offender in ordinary language that if he commits another offence during the period of conditional discharge he shall be liable to be sentenced for the original offence. Section 35(3) Where an order discharging an offender under this section is made, the court may order him to pay the whole, or any part, of the costs of and incidental to the prosecution, and of any compensation adjudged undersection 31.[ActNo. 54 of 1960, s. 8.]
Section 35Verify source
§ 3636. General punishment for misdemeanoursProvision

If no punishment is provided for a misdemeanour, it is punishable by up to two years' imprisonment, a fine, or both.

Section 36. General punishment for misdemeanours Section When in this Code no punishment is specially provided for any misdemeanour, it shall be punishable with imprisonment for a term not exceeding two years or with a fine, or with both.
Section 36Verify source
§ 3737. Sentences when cumulativeOffence

When a person convicted of one offence is convicted of another before sentence on the first is passed or before that sentence expires, the later sentence (other than death) is to be executed after the earlier sentence expires unless the court directs concurrent execution; however, the court may not direct concurrent execution for a sentence of imprisonment in default of payment of a fine.

Section 37. Sentences when cumulative Section Where a person after conviction for an offence is convicted of another offence, either before sentence is passed upon him under the first conviction or before the expiration of that sentence, any sentence, other than a sentence of death, which is passed upon him under the subsequent conviction shall be executed after the expiration of the former sentence, unless the court directs that it shall be executed concurrently with the former sentence or any part thereof:Provided that it shall not be lawful for a court to direct that a sentence of imprisonment in default of payment of a fine shall be executed concurrently with a former sentence under subparagraph (i) of paragraph (c) of subsection (1) ofsection 28or of any part thereof.[ActNo. 5 of 2003, s. 7.]
Section 37Verify source
§ 3838. Sentence on escaped convictProvision

A sentence of death, or a fine, on an escaped convict shall take effect immediately, subject to the provisions of this Code.

Section 38. Sentence on escaped convict Section if of death, or fine, shall, subject to the provisions of this Code, take effect immediately;
Section 38Verify source
§ 3939. Cancellation or suspension of certificate of competencySubstitution

Courts that convict a person of an offence connected with driving may suspend or cancel that person's certificate of competency, endorse particulars on the certificate and send copies to the Inspector-General of Police; convicted persons must produce certificates for endorsement when directed, and failure to produce is a misdemeanour with specified fine or imprisonment; suspended certificates are of no effect during suspension; disqualified persons may appeal to the High Court within fourteen days and the court may suspend operation pending appeal; applying for or obtaining a certificate while disqualified, or obtaining one without disclosing an endorsement, is an offence with specified fine or imprisonment.

Section 39. Cancellation or suspension of certificate of competency Section 39(1) Where any person has been convicted under this Code of an offence connected with the driving of any vehicle in respect of which a certificate of competency is required, the court before which the person is convicted may in addition to or in substitution for any other punishment— Section 39(1)(a) if the person convicted holds a certificate of competency, suspend the certificate for such time as the court thinks fit, or cancel the certificate and declare the person convicted disqualified for obtaining another certificate either permanently or for a stated period, and shall cause particulars of the conviction and of any order of the court made under this section to be endorsed upon the certificate, and shall also cause a copy of these particulars and of the order to be sent to the Inspector-General of Police, who shall endorse them on the duplicate certificate in his custody; or Section 39(1)(b) if the person convicted does not hold a certificate of competency, declare him disqualified for obtaining such a certificate for such time as the court thinks fit. Section 39(2) Any person so convicted as aforesaid shall, if he holds a certificate of competency, produce the certificate, within such reasonable time as the court may direct, for the purpose of the making of the endorsement referred to in subsection (1), and a person who fails so to produce the certificate is guilty of a misdemeanour and is liable to a fine not exceeding six hundred shillings or to imprisonment for a term not exceeding six months. Section 39(3) A certificate of competency which has been suspended by the court under this section shall, during the term of the suspension, be of no effect, and a person whose certificate is suspended or who is declared by the court to be disqualified for obtaining a certificate of competency shall, during the period of the suspension or disqualification, as the case may be, be disqualified for obtaining such a certificate. Section 39(4) Any person who is, by virtue of an order of the court under this section, disqualified for obtaining a certificate of competency may, within fourteen days of the making of the order, appeal against the order to the High Court; and the court by which the order was made may, if it thinks fit, direct that the operation of the order be suspended pending the appeal. Section 39(5) Any person— Section 39(5)(a) who, while disqualified by an order of a court under this section for obtaining a certificate of competency, applies for or obtains such a certificate while so disqualified; or Section 39(5)(b) whose certificate of competency has been endorsed pursuant to this section applies for or obtains another such certificate without disclosing the particulars of the endorsement, is guilty of an offence and is liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding six months, or to both.
Section 39Verify source
§ 7070.[Deleted by ActNo. 4 of 1968, s. 54.]Provision

Section 70 has been deleted.

Section 70.[Deleted by ActNo. 4 of 1968, s. 54.]
Section 70Verify source
§ 7171.[Deleted by ActNo. 4 of 1968, s. 54.]Provision

Section 71.[Deleted by ActNo. 4 of 1968, s. 54.]

Section 71.[Deleted by ActNo. 4 of 1968, s. 54.]
Section 71Verify source
§ 7272.[Deleted by ActNo. 4 of 1968, s. 54.]Provision

Section 72 deleted.

Section 72.[Deleted by ActNo. 4 of 1968, s. 54.]
Section 72Verify source
§ 7373.[Deleted by ActNo. 4 of 1968, s. 54.]Provision

Section 73 has been deleted.

Section 73.[Deleted by ActNo. 4 of 1968, s. 54.]
Section 73Verify source
§ 7474.[Deleted by ActNo. 4 of 1968, s. 54.]Provision

Section 74 has been deleted.

Section 74.[Deleted by ActNo. 4 of 1968, s. 54.]
Section 74Verify source
§ 7575.[Deleted by ActNo. 4 of 1968, s. 54.]Provision

Section 75 has been deleted (deleted by Act No. 4 of 1968, s. 54).

Section 75.[Deleted by ActNo. 4 of 1968, s. 54.]
Section 75Verify source
§ 7676.[Deleted by ActNo. 4 of 1968, s. 54.]Provision

Section 76 is deleted.

Section 76.[Deleted by ActNo. 4 of 1968, s. 54.]
Section 76Verify source
§ 7777. Subversive activitiesOffence

Any person who does, attempts, prepares or conspires to do any act, or utters words, with a subversive intention is guilty of an offence liable to imprisonment for a term not exceeding seven years.

Section 77. Subversive activities Section 77(1) Any person who does or attempts to do, or makes any preparation to do, or conspires with any person to do, any act with a subversive intention, or utters any words with a subversive intention, is guilty of an offence and is liable to imprisonment for a term not exceeding seven years. Section 77(2) Deleted by ActNo. 5 of 2003, s. 9 Section 77(3) For the purposes of this section, "subversive" means— Section 77(3)(a) supporting, propagating (otherwise than with intent to attempt to procure by lawful means the alteration, correction, defeat, avoidance or punishment thereof) or advocating any act or thing prejudicial to public order, the security of Kenya or the administration of justice; Section 77(3)(b) inciting to violence or other disorder or crime, or counselling defiance of or disobedience to the law or lawful authority; Section 77(3)(c) intended or calculated to support or assist or benefit, in or in relation to such acts or intended acts as are hereinafter described, persons who act, intend to act or have acted in a manner prejudicial to public order, the security of Kenya or the administration of justice, or who incite, intend to incite or have incited to violence or other disorder or crime, or who counsel, intend to counsel or have counselled defiance of or disobedience to the law or lawful authority; Section 77(3)(d) indicating, expressly or by implication, any connexion, association or affiliation with, or support for, any unlawful society; Section 77(3)(e) intended or calculated to promote feelings of hatred or enmity between different races or communities in Kenya:Provided that the provisions of this paragraph do not extend to comments or criticisms made in good faith and with a view to the removal of any causes of hatred or enmity between races or communities; Section 77(3)(f) intended or calculated to bring into hatred or contempt or to excite disaffection against any public officer, or any class of public officers, in the execution of his or their duties, or any naval, military or air force or the National Youth Service for the time being lawfully in Kenya or any officer or member of any such force in the execution of his duties:Provided that the provisions of this paragraph do not extend to comments or criticisms made in good faith and with a view to the remedying or correction of errors, defects or misconduct on the part of any such public officer, force or officer or member thereof as aforesaid and without attempting to bring into hatred or contempt, or to excite disaffection against, any such person or force; or Section 77(3)(g) intended or calculated to seduce from his allegiance or duty any public officer or any officer or member of any naval, military or air force or the National Youth Service for the time being lawfully in Kenya.
Section 77Verify source
§ 7878. Definition of unlawful assembly and riotInterpretation

Defines when an assembly of three or more people is an unlawful assembly and when an unlawful assembly becomes a riot.

Section 78. Definition of unlawful assembly and riot Section 78(1) When three or more persons assemble with intent to commit an offence, or, being assembled with intent to carry out some common purpose, conduct themselves in such a manner as to cause persons in the neighbourhood reasonably to fear that the persons so assembled will commit a breach of the peace, or will by such assembly needlessly and without any reasonable occasion provoke other persons to commit a breach of the peace, they are an unlawful assembly. Section 78(2) It is immaterial that the original assembling was lawful if, being assembled, they conduct themselves with a common purpose in such a manner as aforesaid. Section 78(3) When an unlawful assembly has begun to execute the purpose for which it assembled by a breach of the peace and to the terror of the public, the assembly is called a riot, and the persons assembled are said to be riotously assembled.
Section 78Verify source
§ 7979. Punishment of unlawful assemblyProvision

Any person who takes part in an unlawful assembly is guilty of a misdemeanour and is liable to imprisonment for one year.

Section 79. Punishment of unlawful assembly Section Any person who takes part in an unlawful assembly is guilty of a misdemeanour and is liable to imprisonment for one year.[ActNo. 42 of 1951, s. 5.]
Section 79Verify source
§ 8080. Punishment of riotProvision

Taking part in a riot is a misdemeanour.

Section 80. Punishment of riot Section Any person who takes part in a riot is guilty of a misdemeanour.
Section 80Verify source
§ 8181. Proclamation for rioters to disperseProvision

Specified officers may proclaim that twelve or more riotously assembled persons must disperse peaceably.

Section 81. Proclamation for rioters to disperse Section 81(1) Any administrative officer or magistrate, or, in his absence, any gazetted officer or inspector of the Kenya Police Force or any commissioned officer in the military forces in Kenya, in whose view twelve or more persons are riotously assembled, or who apprehends that a riot is about to be committed by twelve or more persons assembled within his view, may make or cause to be made a proclamation, in such form as he thinks fit, commanding the rioters or persons so assembled to disperse peaceably. Section 81(2) For the purposes of this section, "military forces" includes naval and air forces.[ActNo. 53 of 1952, s. 3, ActNo. 52 of 1955, s. 8, ActNo. 24 of 1967, Sch., ActNo. 8 of 1968, Sch.]
Section 81Verify source
§ 8282. Dispersal of rioters after proclamationProvision

When, after a proclamation and waiting a reasonable time (or if the proclamation was prevented by force), twelve or more riotously assembled persons remain together, persons authorized to proclaim, police officers, or those aiding them may disperse and apprehend the rioters, may use reasonably necessary force against resistance, and are not liable in criminal or civil proceedings for harm or death caused by that force.

Section 82. Dispersal of rioters after proclamation Section If upon the expiration of a reasonable time after such proclamation made, or after the making of such proclamation has been prevented by force, twelve or more persons continue riotously assembled together, any person authorized to make proclamation, or any police officer, or any other person acting in aid of such person or police officer, may do all things necessary for dispersing the persons so continuing assembled and for apprehending them or any of them, and, if any person makes resistance, may use all such force as is reasonably necessary for overcoming such resistance, and shall not be liable in any criminal or civil proceeding for having, by the use of such force, caused harm or death to any person.
Section 82Verify source
§ 8383. Rioting after proclamationProvision

After a dispersal proclamation, any person who at or after a reasonable time continues to take part in the riot or assembly is guilty of a felony and liable to imprisonment for life.

Section 83. Rioting after proclamation Section If proclamation is made commanding the persons engaged in a riot, or assembled with the purpose of committing a riot, to disperse, every person who, at or after the expiration of a reasonable time from the making of the proclamation, takes or continues to take part in the riot or assembly, is guilty of a felony and is liable to imprisonment for life.[ActNo. 53 of 1952, Sch.]
Section 83Verify source
§ 8484. Preventing or obstructing proclamationProvision

Any person who forcefully prevents or obstructs the making of the proclamation mentioned in section 81 is guilty of a felony and liable to imprisonment for life; also, anyone who, knowing the prevention occurred, takes or continues part in the riot or assembly is liable to imprisonment for life.

Section 84. Preventing or obstructing proclamation Section Any person who forcibly prevents or obstructs the making of a proclamation as is insection 81mentioned is guilty of a felony and is liable to imprisonment for life; and, if the making of the proclamation is so prevented, every person who, knowing that it has been so prevented, takes or continues to take part in the riot or assembly, is liable to imprisonment for life.[ActNo. 53 of 1952, Sch.]
Section 84Verify source
§ 8585. Rioters demolishing buildings, etc.Provision

Persons riotously assembled who unlawfully pull down or begin to pull down or destroy any building, railway, machinery or structures commit a felony and each is liable to imprisonment for life.

Section 85. Rioters demolishing buildings, etc. Section Any persons who, being riotously assembled together, unlawfully pull down or destroy, or begin to pull down or destroy, any building, railway, machinery or structures are guilty of a felony and each of them is liable to imprisonment for life.
Section 85Verify source
§ 8686. Rioters injuring buildings, machinery, etc.Provision

Persons riotously assembled who unlawfully damage items mentioned in section 85 commit a felony and are liable to imprisonment for seven years.

Section 86. Rioters injuring buildings, machinery, etc. Section Any persons who, being riotously assembled together unlawfully damage any of the things insection 85mentioned, are guilty of a felony and each of them is liable to imprisonment for seven years.
Section 86Verify source
§ 8787. Riotously interfering with railway, vehicle or vesselProvision

All persons who, while riotously assembled, unlawfully and with force prevent or obstruct loading/unloading, movement or navigation of railways, vehicles or vessels, or board them with intent, commit a misdemeanor.

Section 87. Riotously interfering with railway, vehicle or vessel Section All persons are guilty of a misdemeanor who, being riotously assembled, unlawfully and with force prevent, hinder or obstruct the loading or unloading of any railway, vehicle or vessel, or the starting or transit of any railway or vehicle, or the sailing or navigation of any vessel, or unlawfully and with force board any railway, vehicle or vessel with intent to do so.
Section 87Verify source
§ 8888. Going armed in publicProvision

Any person must not go armed in public without lawful occasion in a way that causes terror to any person.

Section 88. Going armed in public Section Any person who goes armed in public without lawful occasion in such a manner as to cause terror to any person is guilty of a misdemeanour, and his arms may be forfeited.
Section 88Verify source
§ 8989. Possession of firearms, etcOffence

Carrying or possessing firearms, offensive weapons, ammunition, incendiary material or explosives in circumstances suggesting intended or recent prejudicial use is an offence punishable by imprisonment; consorting with such persons is also an offence.

Section 89. Possession of firearms, etc Section 89(1) Any person who, without reasonable excuse, carries or has in his possession or under his control any firearm or other offensive weapon, or any ammunition, incendiary material or explosive in circumstances which raise a reasonable presumption that the firearm, ammunition, offensive weapon, incendiary material or explosive is intended to be used or has recently been used in a manner or for a purpose prejudicial to public order is guilty of an offence and is liable to imprisonment for a term of not less than seven years and not more than fifteen years. Section 89(2) Any person who consorts with, or is found in the company of, another person who, in contravention of subsection (1), is carrying or has in his possession or under his control any firearm or other offensive weapon, or any ammunition, incendiary material or explosive, in circumstances which raise a reasonable presumption that he intends to act or has recently acted with such other person in a manner or for a purpose prejudicial to public order, is guilty of an offence and is liable to imprisonment for a term not exceeding five years. Section 89(3) In any prosecution for an offence under this section, it shall be presumed, until the contrary is proved, that a weapon having the appearance of a firearm is a firearm. Section 89(4) In this section—"ammunition" has the meaning assigned to it by the Firearms Act (Cap. 114);"explosive" means any explosive within the meaning of the Explosives Act (Cap. 115);"firearm" has the meaning assigned to it by the Firearms Act;"incendiary material" means any material capable of being used for causing damage to property by fire and intended by the person having it in his possession or under his control for such use;"offensive weapon" means any article made or adapted for use for causing injury to the person, or intended by the person having it in his possession or under his control for such use.[ActNo. 54 of 1960, s. 17, ActNo. 11 of 1993, Sch.]
Section 89Verify source
§ 9090. Forcible entryOffence

Any person who violently enters land to take possession is guilty of the misdemeanour of forcible entry, except where they enter their own lands that are in the custody of their servant or bailiff.

Section 90. Forcible entry Section Any person who, in order to take possession thereof, enters on any lands or tenements in a violent manner, whether the violence consists in actual force applied to any other person or in threats or in breaking open any house or in collecting an unusual number of people, and whether he is entitled to enter on the land or not, is guilty of the misdemeanour termed forcible entry:Provided that a person who enters upon lands or tenements of his own, but which are in the custody of his servant or bailiff, does not commit the offence of forcible entry.
Section 90Verify source
§ 9191. Forcible detainerProvision

A person in actual possession of land without colour of right who holds it in a way likely to cause or cause apprehension of a breach of the peace against the person entitled to possession is guilty of the misdemeanour called forcible detainer.

Section 91. Forcible detainer Section Any person who, being in actual possession of land without colour of right, holds possession of it, in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against a person entitled by law to the possession of the land is guilty of the misdemeanour termed forcible detainer.
Section 91Verify source
§ 9292. AffrayProvision

Any person who takes part in a fight in a public place is guilty of a misdemeanour and liable to imprisonment for one year.

Section 92. Affray Section Any person who takes part in a fight in a public place is guilty of a misdemeanour and is liable to imprisonment for one year.
Section 92Verify source
§ 9393. Challenge to duelProvision

Anyone who challenges or provokes another to fight a duel commits a misdemeanour.

Section 93. Challenge to duel Section Any person who challenges another to fight a duel, or attempts to provoke another to fight a duel, or attempts to provoke any person to challenge another to fight a duel, is guilty of a misdemeanour.
Section 93Verify source
§ 9494. Offensive conduct conducive to breaches of the peaceOffence

Anyone who in a public place or at a public gathering uses threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace, or likely to occasion one, commits an offence liable to a fine up to five thousand shillings or imprisonment up to six months or both.

Section 94. Offensive conduct conducive to breaches of the peace Section 94(1) Any person who in a public place or at a public gathering uses threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace is likely to be occasioned is guilty of an offence and is liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both. Section 94(2) In this section, "public gathering" means— Section 94(2)(a) any meeting, gathering or concourse of ten or more persons in any public place; or Section 94(2)(b) any meeting or gathering which the public or any section of the public or more than fifty persons are permitted to attend or do attend, whether on payment or otherwise; or Section 94(2)(c) any procession in, to or from a public place.
Section 94Verify source
§ 9595. Threatening breach of the peace or violenceProvision

Section 95 prohibits any person from using obscene, abusive or insulting language to an employer or person in authority, brawling or otherwise creating a disturbance likely to cause a breach of the peace; and prohibits threatening to break or injure a dwelling-house or discharging a loaded firearm with intent to alarm persons in a dwelling-house.

Section 95. Threatening breach of the peace or violence Section 95(1) Any person who— Section 95(1)(a) uses obscene, abusive or insulting language, to his employer or to any person placed in authority over him by his employer, in such a manner as is likely to cause a breach of the peace; or Section 95(1)(b) brawls or in any other manner creates a disturbance in such a manner as is likely to cause a breach of the peace, Section 95(2) Any person who— Section 95(2)(a) with intent to intimidate or annoy any person, threatens to break or injure a dwelling-house; or Section 95(2)(b) with intent to alarm any person in a dwelling-house, discharges a loaded firearm or commits any other breach of the peace,
Section 95Verify source
§ 9696. Incitement to violence and disobedience of the lawProvision

Section title addresses "Incitement to violence and disobedience of the law."

Section 96. Incitement to violence and disobedience of the law Section to bring death or physical injury to any person or to any class, community or body of persons; or
Section 96Verify source
§ 9797. Assemblying for smugglingProvision

Persons who gather in groups of two or more to unship, carry or conceal goods subject to customs duty and liable to forfeiture commit a misdemeanour and each may be fined up to six thousand shillings or imprisoned for six months.

Section 97. Assemblying for smuggling Section Any persons who assemble together, to the number of two or more, for the purpose of unshipping, carrying or concealing any goods subject to customs duty and liable to forfeiture under any law relating to the customs, are guilty of a misdemeanour and each of them is liable to a fine not exceeding six thousand shillings or to imprisonment for six months.[ActNo. 40 of 1952, Sch.]
Section 97Verify source
§ 9898. Wrongfully inducing a boycottAmendment

The Cabinet Secretary may designate a boycott and specify actions that further it; anyone who publicly advises or publishes inducements to take those specified boycott actions with intent to further the boycott commits an offence punishable by up to six months' imprisonment; lawful trade dispute actions are exempt.

Section 98. Wrongfully inducing a boycott Section 98(1) Whenever the Cabinet Secretary is satisfied that any boycott is being conducted or is threatened or likely to be conducted in Kenya with the intention or effect of— Section 98(1)(a) bringing into hatred or contempt, exciting disaffection against or undermining the lawful authority of the Government of Kenya, or any local authority, or of persuading any such body to alter any law or by- law, to appoint any commission or committee or to take any action which it is not by law required to take; or Section 98(1)(b) endangering public order in Kenya; or Section 98(1)(c) bringing the economic life of Kenya into jeopardy; or Section 98(1)(d) raising discontent or disaffection amongst the inhabitants of Kenya, or engendering feelings of ill-will or hostility between different classes or different races of the population of Kenya, he may, by notice published in theGazette, designate that boycott for the purposes of this section and may, by the same or any subsequent notice so published, specify in relation to a designated boycott any action which he is satisfied is likely to further that boycott, including (but without prejudice to the generality of that power) any action falling within any of the following classes of action, that is to say— Section 98(1)(d) abstaining from buying goods from or selling goods to any person or class of persons; or Section 98(1)(d)(i) abstaining from buying goods from or selling goods to any person or class of persons; or Section 98(1)(d)(ii) abstaining from buying or selling any goods or class of goods; or Section 98(1)(d)(iii) abstaining from entering or approaching or dealing at any premises at which any person or class of persons carries on trade or business; or Section 98(1)(d)(iv) abstaining from dealing with any person or class of persons in the course of his trade or business; or abstaining from using or providing any service or class of service; or Section 98(1)(d)(v) abstaining from working for or employing any person or class of persons; or Section 98(1)(d)(vi) abstaining from letting, hiring or allowing the use of any land or buildings to any person or class of persons; or Section 98(1)(d)(vii) abstaining from doing any other act which may lawfully be done. Section 98(2) Any person who, with intent to further any designated boycott— Section 98(2)(a) by word of mouth publicly; or Section 98(2)(b) by making a publication (as defined in subsection (7)), advises, induces or persuades or attempts to advise, induce or persuade any person or class of persons to take any action which has been specified in relation to that boycott is guilty of an offence and is liable to imprisonment for a term not exceeding six months. Section 98(3) For the purposes of this section, in determining whether any words were spoken or any publication was made with intent to further a designated boycott, every person shall, unless the contrary be proved, be deemed to intend the consequences which would naturally follow from his conduct at the time and in the circumstances in which he so conducted himself. Section 98(4) Nothing in this section shall be construed so as to make unlawful any action lawfully taken by a party to a trade dispute (as defined in the Labour Relations Act (Cap. 233)) in contemplation or in furtherance of that dispute. Section 98(5) Deleted by ActNo. 5 of 2003, s. 11. Section 98(6) Any notice published under this section may at any time be amended, varied, suspended or revoked by a further notice so published. Section 98(7) For the purposes of this section a person shall be deemed to make a publication if he prints it, makes it, publishes it, sells it, distributes it, offers it for sale or distribution or reproduces it.[ActNo. 54 of 1960, s. 21, L.N. 427/1963, ActNo. 24 of 1967, Sch., L.N. 280 /1967, ActNo. 5 of 2003, s. 11.]
Section 98Verify source
§ 4040. TreasonOffence
Section 40. Treason Section 40(1) Any person who, owing allegiance to the Republic, in Kenya or elsewhere— Section 40(1)(a) compasses, imagines, invents, devises or intends— Section 40(1)(a) the death, maiming or wounding, or the imprisonment or restraint, of the President; or Section 40(1)(a)(i) the death, maiming or wounding, or the imprisonment or restraint, of the President; or Section 40(1)(a)(ii) the deposing by unlawful means of the President from his position as President or from the style, honour and name of Head of State and Commander-in-Chief of the Armed Forces of the Republic of Kenya; or Section 40(1)(a)(iii) the overthrow by unlawful means of the Government; and Section 40(1)(b) expresses, utters or declares any such compassings, imaginations, inventions, devices or intentions by publishing any printing or writing or by any overt act or deed, is guilty of the offence of treason. Section 40(2) Any person who, owing allegiance to the Republic— Section 40(2)(a) levies war in Kenya against the Republic; or Section 40(2)(b) is adherent to the enemies of the Republic, or gives them aid or comfort, in Kenya or elsewhere; or Section 40(2)(c) instigates whether in Kenya or elsewhere any person to invade Kenya with an armed force, Section 40(3) Any person who is guilty of the offence of treason shall be sentenced to death.[ActNo. 24 of 1967, s. 2.]
Section 40Verify source
§ 4141.[Deleted by ActNo. 24 of 1967, s. 3.]Provision

Section 41 has been deleted.

Section 41.[Deleted by ActNo. 24 of 1967, s. 3.]
Section 41Verify source
§ 4242. Concealment of treasonProvision

Section states: "Section becomes an accessory after the fact to treason; or"

Section 42. Concealment of treason Section becomes an accessory after the fact to treason; or
Section 42Verify source
§ 4343. Treasonable felonyOffence

A person who does not owe allegiance to the Republic and who, in Kenya or elsewhere, commits acts that would be treason if done by someone owing allegiance, is guilty of a felony and liable to imprisonment for life.

Section 43. Treasonable felony Section Any person who, not owing allegiance to the Republic, in Kenya or elsewhere, commits any act or combination of acts which, if it were committed by a person who owed such allegiance, would amount to the offence of treason undersection 40, is guilty of a felony and is liable to imprisonment for life.[ActNo. 24 of 1967, s. 4.]
Section 43Verify source
§ 43A43A. TreacheryOffence

It is an offence for any person, with intent to help the enemy, to perform acts designed or likely to assist the enemy, interfere with public order or the government, impede disciplined forces, or endanger life; such a person is guilty of a felony and liable to imprisonment for life.

Section 43A. Treachery Section Any person who, with intent to help the enemy, does any act which is designed or likely to give assistance to the enemy, or to interfere with the maintenance of public order or the government of Kenya, or to impede the operation of the disciplined forces, or to endanger life, is guilty of a felony and is liable to imprisonment for life.[ActNo. 24 of 1967, s. 4.]
Section 43AVerify source
§ 4444. Promoting warlike undertakingOffence

Any person, without lawful authority, must not carry on, prepare for, assist with or advise warlike undertakings in Kenya; the offence is a felony punishable by life imprisonment.

Section 44. Promoting warlike undertaking Section Any person who, without lawful authority, carries on, or makes preparation for carrying on, or aids in or advises the carrying on of, or preparation for, any war or warlike undertaking with, for, by or against any person or body or group of persons in Kenya, is guilty of a felony and is liable to imprisonment for life.[ActNo. 24 of 1967, s. 4.]
Section 44Verify source
§ 4545. Provisions as to trial for treason, etc.Commencement

A person cannot be tried for treason or the specified felonies unless the prosecution is commenced within two years after the offence is committed.

Section 45. Provisions as to trial for treason, etc. Section 45(1) A person cannot be tried for treason, or for any of the felonies defined in sections42,43,43Aand44, unless the prosecution is commenced within two years after the offence is committed. Section 45(2) No person charged with treason, or with any of such felonies, may be convicted, except on his own plea of guilty, or on the evidence in open court of two witnesses at the least to one overt act of the kind of treason or felony alleged, or the evidence of one witness to one overt act and one other witness to another overt act of the same kind of treason or felony. Section 45(2A) If the facts or matters alleged in a charge for any of such felonies amount in law to treason, and if the facts or matters proved at the trial of the person charged amount in law to treason, such person shall not, by reason thereof, be entitled to be acquitted of the felony; but the person tried for the felony shall not afterwards be prosecuted for treason upon the same facts. Section 45(2B) A person charged with treason or with any of such felonies who is in Kenya may, whether or not the offence was committed in Kenya, be taken in custody to any place in Kenya, and may be proceeded against, charged, tried and punished in any place in Kenya, as if the offence had been committed in Kenya, and for all purposes incidental to or consequential on the trial or punishment of the offence the offence shall be deemed to have been committed in Kenya. Section 45(3) This section does not apply to cases in which the overt act of treason alleged is the killing of the President, or a direct attempt to endanger the life or injure the person of the President.[ActNo. 24 of 1967, Sch.]
Section 45Verify source
§ 4646. Dissuasion from enlistmentProvision

Permits comments or criticisms of the policy of the Government in relation to such forces when made in good faith.

Section 46. Dissuasion from enlistment Section comments or criticisms of the policy of the Government in relation to such forces as aforesaid made in good faith; or
Section 46Verify source
§ 4747. Inciting to mutinyOffence

Makes it an offence to seduce any member of the disciplined forces or any police officer from his duty or allegiance.

Section 47. Inciting to mutiny Section to seduce any member of the disciplined forces or any police officer from his duty or allegiance; or
Section 47Verify source
§ 4848. Aiding, etc., to mutiny, or inciting sedition or disobedienceProvision

Prohibits aiding, abetting, or being accessory to mutiny, and inciting sedition or disobedience.

Section 48. Aiding, etc., to mutiny, or inciting sedition or disobedience Section aids or abets, or is accessory to, any act of mutiny by, or
Section 48Verify source
§ 4949. Inducing desertionProvision

Defines "inducing desertion" as procuring or persuading, or attempting to procure or persuade, to desert.

Section 49. Inducing desertion Section procures or persuades or attempts to procure or persuade to desert; or
Section 49Verify source
§ 5050. Aiding prisoners of war to escapeProvision

It is a felony to knowingly and advisedly help an alien enemy who is a prisoner of war in Kenya to escape; the offender is liable to imprisonment for life.

Section 50. Aiding prisoners of war to escape Section knowingly and advisedly aids an alien enemy, being a prisoner of war in Kenya, whether the prisoner is confined in a prison or elsewhere or is suffered to be at large on his parole, to escape from his prison or place of confinement, or, if he is at large on his parole, to escape from Kenya, is guilty of a felony and is liable to imprisonment for life;
Section 50Verify source
§ 5151. Definition of overt actInterpretation

When an overt act manifesting intent is an element of an offence, acts of conspiring or acts done in furtherance by conspirators are treated as overt acts manifesting that intention.

Section 51. Definition of overt act Section In the case of any of the offences defined in this Chapter, when the manifestation by an overt act of an intention to effect any purpose is an element of the offence, every act of conspiring with any person to effect that purpose, and every act done in furtherance of the purpose by any of the persons conspiring, is deemed to be an overt act manifesting the intention.
Section 51Verify source
§ 5252. Power to prohibit publicationsCommencement

The Cabinet Secretary may prohibit or declare publications prohibited (including importation) on reasonable grounds related to order, health, morals, security or defence; a Review Board is established to advise the Cabinet Secretary and the Cabinet Secretary must act on its advice.

Section 52. Power to prohibit publications Section 52(1) Where the Cabinet Secretary, on reasonable grounds, considers that it is necessary in the interests of public order, health or morals, the security of Kenya, and to be reasonably justifiable in a democratic society, the Cabinet Secretary may, by order published in theGazette, prohibit the importation of any publication. Section 52(2) Where the Cabinet Secretary, on reasonable grounds, considers that it is necessary in the interests of defence, public order, public morality or public health so to do and to be reasonably justifiable in a democratic society, the Cabinet Secretary may, by order in theGazette, declare any publication to be a prohibited publication. Section 52(3) There is established a Board to be known as the Prohibited Publications Review Board (hereinafter referred to as "the Board") which shall comprise— Section 52(3)(a) the Attorney-General or his or her representative, who shall be the chairman; Section 52(3)(aa) the Director of Public Prosecutions or his or her representative; Section 52(3)(b) the Inspector-General of Police or his or her representative; Section 52(3)(c) the Director of Medical Services or his or her representative; Section 52(3)(d) two persons from the religious community, to be appointed by the Cabinet Secretary; and Section 52(3)(e) two other persons of integrity, good character and good standing to be appointed by the Cabinet Secretary. Section 52(4) The members of the Board appointed under paragraphs (d) and (e) of subsection (3) shall hold office for terms of three years each, but shall be eligible for reappointment:Provided that such members shall not hold office for more than two terms. Section 52(5) The purposes for which the Board is established shall be— Section 52(5)(a) to review all publications prohibited under this section as at the commencement of this subsection and advise the Cabinet Secretary as to whether such prohibition should be lifted; and Section 52(5)(b) to advise the Cabinet Secretary generally on the exercise of his powers under this section. Section 52(6) The Cabinet Secretary shall, as soon as reasonably practicable after the commencement of this subsection, cause a copy of each of the publications referred to in paragraph (a) of subsection (5) to be considered by the Board pursuant to the provisions of that paragraph. Section 52(7) The Cabinet Secretary shall, within twenty-one days of the prohibition of any publication under this section, cause a copy thereof to be forwarded to the Board for consideration and appropriate advice. Section 52(8) The Cabinet Secretary shall be obliged to act in accordance with any advice given by the Board under this section. Section 52(9) The quorum for the conduct of a meeting of the Board shall be four members. Section 52(10) Subject to subsection (9), the Board may regulate its own procedure. Section 52(11) There shall be a secretary of the Board and such other staff as may be necessary for the proper functioning of the Board. Section 52(12) The secretary and other staff of the Board shall be public officers appointed by the Cabinet Secretary for that purpose. Section 52(13) The expenses of the Board shall be defrayed out of moneys provided by Parliament for that purpose.[ActNo. 54 of 1960, s. 11, ActNo. 21 of 1966, First Sch., ActNo. 10 of 1969, Sch., ActNo. 10 of 1997, Sch., ActNo. 12 of 2012, Sch.]
Section 52Verify source
§ 5353. Penalty for prohibited publicationsOffence

It is an offence for any person (other than in the course of public duties) to print, import, publish, sell, supply, distribute, reproduce or possess any prohibited publication; guilty persons face imprisonment for a term not exceeding three years, except where they promptly deliver copies to an administrative officer or police under the stated provisos.

Section 53. Penalty for prohibited publications Section 53(1) Any person who, otherwise than in his capacity and in the course of his duties as a public officer, prints, makes, imports, publishes, sells, supplies, offers for sale or supply, distributes, reproduces or has in his possession or under his control any prohibited publication is guilty of an offence and is liable to imprisonment for a term not exceeding three years:Provided that no person who— Section 53(1)(i) forthwith on the importation of a publication being prohibited undersection 52of this code, or on the declaration of a publication as a prohibited publication, as the case may be, delivers to the nearest administrative officer or to the police officer in charge of the nearest police station all copies of the publication in his possession or under his control; or Section 53(1)(ii) by reason of its being sent or delivered to him without his knowledge or privity or in response to a request made by him before the importation thereof was prohibited, or before the declaration of the publication as a prohibited publication, as the case may be, comes into possession or control of a prohibited publication, and who, forthwith on the nature of its contents becoming known to him, delivers to the nearest administrative officer or the police officer in charge of the nearest police station all copies of the publication so coming into his possession or control, Section 53(2) Where in any prosecution under this section it is proved that a person printed, made, imported, published, sold, supplied, offered for sale or supply, distributed, reproduced or had in his possession or under his control a prohibited publication, it shall be presumed that he knew the nature and contents of the publication, unless and until he proves to the satisfaction of the court— Section 53(2)(a) that he was not aware of the nature or contents of the publication in respect of which he is charged; and Section 53(2)(b) that he printed, made, imported, published, sold, supplied, offered for sale or supply, distributed, reproduced or had in his possession or under his control the publication in such circumstances that at no time did he have reasonable cause to suspect that it was a prohibited publication.
Section 53Verify source
§ 5454. Seizure and disposal of prohibited publicationsOffence

Authorized officers may seize, detain, forfeit and order disposal of prohibited publications found in specified circumstances.

Section 54. Seizure and disposal of prohibited publications Section 54(1) Any police officer or administrative officer may seize and detain any prohibited publication which he finds in circumstances which raise a reasonable presumption that an offence under this Act has been, is being or is intended to be committed in relation thereto, or which he finds abandoned or without an apparent owner or possessor or in the possession or custody of any unauthorized person. Section 54(2) Any— Section 54(2)(a) Any— Section 54(2)(a) officer of the Kenya Posts and Telecommunications Corporation authorized in that behalf, whether personally or by reference to a class to which such officer belongs, by the managing director; Section 54(2)(a)(i) officer of the Kenya Posts and Telecommunications Corporation authorized in that behalf, whether personally or by reference to a class to which such officer belongs, by the managing director; Section 54(2)(a)(ii) officer of the Customs and Excise Department authorized in that behalf, whether personally or by reference to a class to which such officer belongs, by the Commissioner of Customs and Excise; Section 54(2)(a)(iii) police officer not below the rank of Assistant Inspector; and Section 54(2)(a)(iv) any other officer authorized in that behalf, whether personally or by reference to a class to which the officer belongs, by the Cabinet Secretary, Section 54(2)(b) If any prohibited publication is found in any such article or package as aforesaid, the whole article or package may be impounded and retained by the officer, and the person importing, distributing or posting it or in whose possession it was found may be arrested by the officer and delivered to and detained in police custody to be dealt with according to law. Section 54(3) Any prohibited publication which is seized or detained as aforesaid, or which in any other manner comes into the possession or custody of any court or any public officer, shall be forfeited and may be destroyed or otherwise disposed of, as may be directed by such court or by the Inspector-General of Police, as the case may be.[ActNo. 54 of 1960, s. 11, L.N. 427/1963, ActNo. 24 of 1967, Sch., ActNo. 29 of 1968, s. 7.]
Section 54Verify source
§ 5555.[Deleted by ActNo. 46 of 1963, 2nd Sch.]Provision

Section 55 has been deleted.

Section 55.[Deleted by ActNo. 46 of 1963, 2nd Sch.]
Section 55Verify source
§ 5656.[Deleted by ActNo. 10 of 1997, Sch.]Provision

Section 56 has been deleted.

Section 56.[Deleted by ActNo. 10 of 1997, Sch.]
Section 56Verify source
§ 5757.[Deleted by ActNo. 10 of 1997, Sch.]Provision

Deleted by ActNo. 10 of 1997, Sch.

Section 57.[Deleted by ActNo. 10 of 1997, Sch.]
Section 57Verify source
§ 5858.[Deleted by ActNo. 10 of 1997, Sch.]Provision

Section 58 has been deleted.

Section 58.[Deleted by ActNo. 10 of 1997, Sch.]
Section 58Verify source
§ 5959. Unlawful oaths to commit capital offencesOffence

Prohibits being present at or consenting to the administering of any oath that purports to bind a person to commit an offence punishable with death.

Section 59. Unlawful oaths to commit capital offences Section is present at, and consents to the administering of, any oath, or engagement in the nature of an oath, purporting to bind the person who takes it to commit any offence punishable with death; or
Section 59Verify source
§ 6060. Administration of unlawful oaths to commit capital offencesOffence

Administering an oath that binds someone to commit an offence punishable by death is a felony and is punished by death.

Section 60. Administration of unlawful oaths to commit capital offences Section Any person who administers an oath, or engagement in the nature of an oath, purporting to bind the person who takes it to commit any offence, punishable with death, is guilty of a felony and shall be sentenced to death.[ActNo. 52 of 1955, s. 5.]
Section 60Verify source
§ 6161. Unlawful oaths to commit other offencesOffence

Makes unlawful oaths to commit other offences and unlawful oaths to engage in mutinous or seditious enterprises.

Section 61. Unlawful oaths to commit other offences Section to engage in any mutinous or seditious enterprise;
Section 61Verify source
§ 6262. Compelling another person to take an oathProvision

It is a felony to compel another person by force, threat or intimidation to take an oath (liable to 10 years' imprisonment); consenting to such administration is a felony (liable to 7 years' imprisonment).

Section 62. Compelling another person to take an oath Section 62(1) Any person who by the use of physical force, or by threat or intimidation of any kind, compels another person to take an oath or engagement in the nature of an oath purporting to bind the person who takes it to act or not to act in any way is guilty of a felony and is liable to imprisonment for ten years. Section 62(2) Any person who is present at and consents to the administering, by physical force or under threat or intimidation of any kind, of any oath or engagement in the nature of an oath, to any person purporting to bind the person who takes it to act or not to act in any way is guilty of a felony and is liable to imprisonment for seven years.[ActNo. 50 of 1950, s. 2, ActNo. 53 of 1952, Sch.]
Section 62Verify source
§ 6363. Compulsion, how far a defenceProvision

A person who takes an oath mentioned in sections 59 or 61 must report what they know to the police (or, if in disciplined service, to the police or their commanding officer) within five days, or within five days after force or sickness prevents them, otherwise they cannot use compulsion as a defence.

Section 63. Compulsion, how far a defence Section It shall not be a defence for a person who takes any oath or engagement in the nature of an oath mentioned insection 59orsection 61to prove that he was compelled to do so unless, within five days after the taking of the oath or engagement in the nature of an oath or, if he is prevented by physical force or sickness, within five days after the termination of the physical force or sickness, he reported to the police, or if he is in the actual service of the disciplined forces or the police force either he so reported as aforesaid or he reported to his commanding officer, everything he knows concerning the matter, including the person or persons by whom and in whose presence, and the place where, and the time when, the oath or engagement was administered or taken.[ActNo. 50 of 1950, s. 3, ActNo. 52 of 1955, s. 6, ActNo. 24 of 1967, Sch.]
Section 63Verify source
§ 6464. Presence at oath administrationProvision

A person present when an oath (as described in sections 59, 61 or 62) is administered must report what they know to the police or (if in disciplined service) to their commanding officer within five days, or later if prevented by physical force or sickness until five days after that ends, to avoid being deemed to have consented.

Section 64. Presence at oath administration Section Any person who is present at the administering of an oath or engagement in the nature of an oath mentioned insection 59,section 61orsection 62shall be deemed to have consented to the administering of the oath or engagement unless, within five days thereafter or, if he is prevented by physical force or sickness, within five days after the termination of the physical force or sickness, he reports to the police, or, if he is in the actual service of the disciplined forces or the police force he so reports as aforesaid, or he reports to his commanding officer, everything he knows concerning the matter, including the person or persons by whom and in whose presence, and the place where, and the time when, the oath or engagement in the nature of an oath was administered.[ActNo. 50 of 1950, s. 3, ActNo. 24 of 1967, Sch.]
Section 64Verify source
§ 6565. Unlawful drillingOffence

Anyone who trains or drills others in the use of arms or attends such training or drilling without the Cabinet Secretary's permission commits an offence and may be guilty of a misdemeanour.

Section 65. Unlawful drilling Section 65(1) Any person who— Section 65(1)(a) without the permission of the Cabinet Secretary trains or drills any other person to the use of arms or the practice of military exercises, movements or evolutions; or Section 65(1)(b) is present at any meeting or assembly of persons, held without the permission of the Cabinet Secretary, for the purpose of training or drilling any other persons to the use of arms or the practice of military exercises, movements or evolutions, Section 65(2) Any person who, at any meeting or assembly held without the permission of the Cabinet Secretary, is trained or drilled to the use of arms, or the practice of military exercises, movements or evolutions, or who is present at the meeting or assembly for the purpose of being so trained or drilled, is guilty of a misdemeanour.[ActNo. 36 of 1962, Sch.]
Section 65Verify source
§ 6666. Alarming publicationsProvision

Publishing false statements, rumours or reports that are likely to cause public fear or disturb the peace is a misdemeanour; a defence is available if the accused reasonably verified the accuracy before publishing.

Section 66. Alarming publications Section 66(1) Any person who publishes any false statement, rumour or report which is likely to cause fear and alarm to the public or to disturb the public peace is guilty of a misdemeanour. Section 66(2) It shall be a defence to a charge under subsection (1) if the accused proves that, prior to publication, he took such measures to verify the accuracy of the statement, rumour or report as to lead him reasonably to believe that it was true.
Section 66Verify source
§ 66A66A. Prohibited publications and broadcastsOffence

Prohibits publishing or broadcasting material that causes public alarm or undermines investigations; offenders face fines up to five million shillings or up to three years' imprisonment or both.

Section 66A. Prohibited publications and broadcasts Section 66A(1) A person who publishes, broadcasts or causes to be published or distributed, through print, digital or electronic means, insulting, threatening, or inciting material or images of dead or injured persons which are likely to cause fear and alarm to the general public or disturb public peace commits an offence and is liable, upon conviction, to a fine not exceeding five million shillings or imprisonment for a term not exceeding three years or both. Section 66A(2) A person who publishes or broadcasts any information which undermines investigations or security operations by the National Police Service or the Kenya Defence Forces commits an offence and is liable, upon conviction, to a fine not exceeding five million shillings or a imprisonment for a term not exceeding three years, or both. Section 66A(3) The freedom of expression and the freedom of the media under Articles 33 and 34 of the Constitution shall be limited as specified under this section for the purposes of limiting the publication or distribution of material likely to cause public alarm, incitement to violence or disturb public peace.[ActNo. 19 of 2014, s. 12.]
Section 66AVerify source
§ 6767. Defamation of foreign princesProvision

Any person who publishes material degrading or reviling a foreign prince, potentate, ambassador or other foreign dignitary with intent to disturb peace and friendship between Kenya and that person's country is guilty of a misdemeanour.

Section 67. Defamation of foreign princes Section Any person who, without such justification or excuse as would be sufficient in the case of the defamation of a private person, publishes anything intended to be read, or any sign or visible representation, tending to degrade, revile or expose to hatred or contempt any foreign prince, potentate, ambassador or other foreign dignitary with intent to disturb peace and friendship between Kenya and the country to which such prince, potentate, ambassador or dignitary belongs is guilty of a misdemeanour.[ActNo. 24 of 1967, Sch.]
Section 67Verify source
§ 6868. Foreign enlistmentCommencement

Section 68 prohibits, without written authority of the President, preparing or fitting out hostile expeditions, accepting or inducing acceptance of foreign military commissions, leaving to join foreign armed forces, taking illegally enlisted persons aboard vessels, and building or delivering vessels or commissions intended for foreign belligerent service.

Section 68. Foreign enlistment Section 68(1) Any person who, without the authority of the President in writing— Section 68(1)(a) prepares or fits out any naval or military expedition to proceed against the dominions of any friendly state, or is engaged in such preparation or fitting out or assists therein or is employed in any capacity in such expedition; or Section 68(1)(b) being a citizen of Kenya accepts or agrees to accept any commission or engagement in the military, naval, air, police or other armed forces or service of any nature whatsoever, or, whether a citizen of Kenya or not, induces any other person to accept or agree to accept any commission of engagement in the military, naval, air, police or other armed forces of any foreign state; or Section 68(1)(c) being a citizen of Kenya, quits or goes on board any vessel with a view of quitting Kenya, with intent to accept any commission or engagement in the military, naval, air, police or other armed forces or service of any nature whatsoever of any, foreign state; or Section 68(1)(d) being the master or owner of any vessel, knowingly either takes on board, or has on board such vessel, any illegally enlisted person; or Section 68(1)(e) with intent or knowledge, or having reasonable cause to believe that the same will be employed in the military or naval service of any foreign state at war with a friendly state, builds, agrees to build, causes or allows to be dispatched any vessel, or issues or delivers any commission for any vessel, Section 68(2) Notwithstanding subsection (1), a person building, causing to be built or equipping a vessel in pursuance of a contract made before the commencement of the war referred to in paragraph (e) of subsection (1), is not liable to any of the penalties specified in that subsection in respect of such building or equipping if— Section 68(2)(a) upon a proclamation of neutrality being issued by the President he forthwith gives notice to the Cabinet Secretary that he is so building, causing to be built or equipping such vessel and furnishes such particulars of contract and of any matters relating to, or done, or to be done, under the contract as may be required by the Cabinet Secretary; and Section 68(2)(b) he gives such security and takes and permits to be taken such other measures, if any, as the Cabinet Secretary may prescribe for ensuring that such vessel shall not be dispatched, delivered or removed without the authority of the President until the termination of the war.
Section 68Verify source
§ 6969.[Deleted by ActNo. 4 of 2009, s. 454.]Provision

Section 69 has been deleted by Act No. 4 of 2009, s. 454.

Section 69.[Deleted by ActNo. 4 of 2009, s. 454.]
Section 69Verify source
§ 100100. False claims by persons employed in the public serviceProvision

Public servants who knowingly make materially false returns or statements required for payments or deliveries commit a felony.

Section 100. False claims by persons employed in the public service Section Any person who, being employed in the public service in such a capacity as to require him or to enable him to furnish returns or statements touching any sum payable or claimed to be payable to himself or to any other person, or touching any other matter required to be certified for the purpose of any payment of money or delivery of goods to be made to any person, makes a return or statement touching any such matter which is, to his knowledge, false in any material particular is guilty of a felony.[ActNo. 7 of 2007, Sch.]
Section 100Verify source
§ 101101. Abuse of officeProvision

It is a felony for any person employed in the public service who, abusing the authority of their office, does or directs any arbitrary act prejudicial to another's rights.

Section 101. Abuse of office Section 101(1) Any person who, being employed in the public service, does or directs to be done, in abuse of the authority of his office, any arbitrary act prejudicial to the rights of another is guilty of a felony. Section 101(2) Deleted by ActNo. 7 of 2007, Sch. Section 101(3) Deleted by ActNo. 5 of 2003, s. 12.[ActNo. 5 of 2003, s. 12, ActNo. 7 of 2007, Sch.]
Section 101Verify source
§ 102102. False certificates by public officersProvision

Persons authorized or required by law to give certificates must not give a certificate that they know is false in any material particular; doing so is a felony.

Section 102. False certificates by public officers Section Any person who, being authorized or required by law to give any certificate touching any matter by virtue whereof the rights of any person may be prejudicially affected, gives a certificate which is, to his knowledge, false in any material particular, is guilty of a felony.[ActNo. 7 of 2007, Sch.]
Section 102Verify source
§ 102A102A. PenaltiesOffence

A person convicted of an offence under sections 99–102 of this Part is liable to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding ten years, or to both.

Section 102A. Penalties Section A person convicted of an offence under sections99,100,101or102of this Part shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding ten years or to both.[ActNo. 7 of 2007, Sch.]
Section 102AVerify source
§ 103103. Unauthorized administration of oathsOffence

Any person who administers an oath or takes a declaration or affidavit about a matter for which they have no legal authority commits a misdemeanour punishable by imprisonment for one year, with specified exceptions.

Section 103. Unauthorized administration of oaths Section Any person who administers an oath, or takes solemn declaration or affirmation or affidavit, touching any matter with respect to which he has not by law any authority to do so is guilty of a misdemeanour and is liable to imprisonment for one year:Provided that this section shall not apply to an oath, declaration, affirmation or affidavit administered by or taken before a magistrate in any matter relating to the preservation of the peace or the punishment of offences or relating to inquiries respecting sudden deaths, nor to an oath, declaration, affirmation or affidavit administered or taken for some purpose which is lawful under the laws of another country, or for the purpose of giving validity to an instrument in writing which is intended to be used in another country.
Section 103Verify source
§ 104104. False assumption of authorityProvision

If a person not being a judicial officer assumes to act as a judicial officer, that conduct is covered by this provision.

Section 104. False assumption of authority Section not being a judicial officer, assumes to act as a judicial officer; or
Section 104Verify source
§ 105105. Personating persons employed in the public serviceOffence

Creates an offence of personating a person employed in the public service when that person is required by virtue of employment to do an act or attend in a place.

Section 105. Personating persons employed in the public service Section personates any person employed in the public service on an occasion when the latter is required to do any act or attend in any place by virtue of his employment; or
Section 105Verify source
§ 106106. Threat of injury to persons employed in public serviceProvision

It is a misdemeanour for whoever to hold out any threat of injury to a person employed in the public service (or to someone believed to be interested in such a person) to induce or deter them in performing public functions.

Section 106. Threat of injury to persons employed in public service Section Whoever holds out any threat of injury to any person employed in the public service, or to any person in whom he believes that person employed in the public service to be interested, for the purpose of inducing that person employed in the public service to do any act or to forbear or delay to do any act connected with the exercise of the public functions of such person employed in the public service is guilty of a misdemeanour.
Section 106Verify source
§ 107107. Tampering with public officers, etcProvision

Inducing or attempting to induce a public officer, a member of the naval, military or air force, or a servant of a local authority to fail in duty, terminate service, or commit a breach of discipline.

Section 107. Tampering with public officers, etc Section induces or attempts to induce any public officer, or any sailor, soldier or airman being an officer or member of any naval, military or air force for the time being lawfully in Kenya, or any servant of a local authority, to fail in his duty, or to terminate his services in the discharge of his duty, or to commit a breach of discipline; or
Section 107Verify source
§ 9999. Officers charged with administration of property of a special character or with special dutiesProvision

A public servant who has a private interest in certain property or businesses and who carries out official duties concerning that interest is guilty of a felony.

Section 99. Officers charged with administration of property of a special character or with special duties Section Any person who, being employed in the public service, and being charged by virtue of his employment with any judicial or administrative duties respecting property of a special character, or respecting the carrying on of any manufacture, trade or business of a special character, and having acquired or holding, directly or indirectly, a private interest in any such property, manufacture, trade or business, discharges any such duties with respect to the property, manufacture, trade or business in which he has such interest or with respect to the conduct of any person in relation thereto, is guilty of a felony.[ActNo. 7 of 2007, Sch.]
Section 99Verify source
§ 108108. Perjury and subornation of perjuryProvision

Knowingly giving false testimony in (or to start) a judicial proceeding is perjury; assisting or inducing another to do so is subornation of perjury.

Section 108. Perjury and subornation of perjury Section 108(1)(a) Any person who, in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then pending in that proceeding or intended to be raised in that proceeding, is guilty of the misdemeanour termed perjury. Section 108(1)(b) It is immaterial whether the testimony is given on oath or under any other sanction authorized by law. Section 108(1)(c) The forms and ceremonies used in administering the oath or in otherwise binding the person giving the testimony to speak the truth are immaterial, if he assent to the forms and ceremonies actually used. Section 108(1)(d) It is immaterial whether the false testimony is given orally or in writing. Section 108(1)(e) It is immaterial whether the court or tribunal is properly constituted, or is held in the proper place or not, if it actually acts as a court or tribunal in the proceeding in which the testimony is given. Section 108(1)(f) It is immaterial whether the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceeding or not. Section 108(2) Any person who aids, abets, counsels, procures or suborns another person to commit perjury is guilty of the misdemeanour termed subornation of perjury.[ActNo. 13 of 1982, s. 15.]
Section 108Verify source
§ 109109. False statements by interpretersProvision

A person lawfully sworn as an interpreter in a judicial proceeding must not wilfully make a material statement in the proceeding that they know to be false or do not believe to be true; doing so makes them guilty of perjury.

Section 109. False statements by interpreters Section If any person, lawfully sworn as an interpreter in a judicial proceeding, wilfully makes a statement material in the proceeding which he knows to be false, or does not believe to be true, he shall be guilty of perjury.
Section 109Verify source
§ 110110. Punishment of perjury and subornation of perjuryProvision

Any person who commits perjury or suborns perjury is liable to imprisonment for seven years.

Section 110. Punishment of perjury and subornation of perjury Section Any person who commits perjury or suborns perjury is liable to imprisonment for seven years.
Section 110Verify source
§ 111111. Evidence of perjury or subornation of perjuryProvision

A person is entitled not to be convicted of perjury or subornation of perjury solely on the testimony of a single witness about the falsity of a statement.

Section 111. Evidence of perjury or subornation of perjury Section A person cannot be convicted of committing perjury or of subornation of perjury solely upon the evidence of one witness as to the falsity of any statement alleged to be false.[L.N. 761/1963.]
Section 111Verify source
§ 112112. Contradictory statementsOffence

Making materially contradictory sworn statements with intent to deceive is an offence punishable by up to two years' imprisonment; a court may convict on proof both statements were made and intent to deceive without proving falsity, and compelled answers do not prevent conviction.

Section 112. Contradictory statements Section 112(1) Where a witness in any judicial proceedings (other than a person accused of an offence in criminal proceedings) has made a statement on oath or affirmation of some fact relevant in the proceedings, contradicting in a material detail a previous statement made on oath or affirmation by the same witness before the same court or any other court or tribunal, such witness, if a court is satisfied that either of such statements was made with intent to deceive, is guilty of an offence and is liable to imprisonment for a term not exceeding two years. Section 112(2) Upon the trial of any person for an offence under this section, it shall not be necessary to prove the falsity of either of the contradictory statements, but, upon proof that both the statements were made by him, the court, if satisfied that the statements, or either of them, were or was made with intent to deceive, shall convict the accused. Section 112(3) At the trial of any person for an offence under this section, the record of a court or tribunal containing any statement made on oath or affirmation by the person charged shall beprima facieevidence of such statement. Section 112(4) For the avoidance of doubt, it is hereby declared that a person shall be liable to be convicted of an offence under this section notwithstanding that any statement made by him before a court or tribunal was made in reply to a question which he was bound by law to answer, and any such statement shall be admissible in any proceedings under this section.[ActNo. 54 of 1960, s. 23.]
Section 112Verify source
§ 112A112A. Malicious informationOffence

It is prohibited for any person, with intent to cause harm or inconvenience to another, to knowingly give false information or complaints about that person to magistrates, police, or officers with power to apprehend.

Section 112A. Malicious information Section 112A(1) Any person who, with intent to cause harm or inconvenience to another person, gives or makes to— Section 112A(1)(a) any magistrate or member of the police force; or Section 112A(1)(b) any officer having power to apprehend or order the apprehension of offenders, any information or complaint in relation to that other person that he knows to be false is guilty of a misdemeanour or, where subsection (3) or (4) applies, of a felony. Section 112A(2) Where, as a result of an offence under this section, any person sustains actual bodily harm, the offender shall on conviction be liable to be punished as for assault occasioning actual bodily harm.[Section 251.] Section 112A(3) Where, as a result of an offence under this section, any person sustains grievous harm, the offender shall on conviction be liable to be punished as for doing grievous harm.[Section 234.] Section 112A(4) Where, as a result of an offence under this section, any person dies, the offender shall on conviction be liable to be punished as for manslaughter.[Section 205.] Section 112A(5) For the purposes of this section, any harm to or death of a person shall be deemed to have resulted from an offence under this section if the court is satisfied that, as a matter of fact, and without regard to the actions or motivations of any person other than the offender, the harm would not have been done or the death would not have occurred, as the case may be, if the offence had not been committed.[ActNo. 13 of 1982, s. 15, ActNo. 5 of 2003, s. 13.]
Section 112AVerify source
§ 113113. Fabricating evidenceProvision

Fabricates evidence by any means other than perjury or subornation of perjury

Section 113. Fabricating evidence Section fabricates evidence by any means other than perjury or subornation of perjury; or
Section 113Verify source
§ 114114. False swearingProvision

Anyone who swears falsely or makes a false affirmation or declaration in circumstances comparable to perjury is guilty of a misdemeanour.

Section 114. False swearing Section Any person who swears falsely or makes a false affirmation or declaration before any person authorized to administer an oath or take a declaration upon a matter of public concern under such circumstances that the false swearing or declaration if committed in a judicial proceeding would have amounted to perjury, is guilty of a misdemeanour.
Section 114Verify source
§ 115115. Deceiving witnessesProvision

Anyone who practices fraud or knowingly presents false statements or writings to a person called as a witness in a judicial proceeding with intent to affect their testimony commits a misdemeanour.

Section 115. Deceiving witnesses Section Any person who practises any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token or writing to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of such person as a witness, is guilty of a misdemeanour.
Section 115Verify source
§ 116116. Destroying evidenceProvision

Anyone who, knowing an item may be required as evidence in a judicial proceeding, wilfully removes, destroys, or renders it unreadable with intent to prevent its use is guilty of a misdemeanour.

Section 116. Destroying evidence Section Any person who, knowing that any book, document or thing of any kind whatsoever is or may be required in evidence in a judicial proceeding, wilfully removes or destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, is guilty of a misdemeanour.
Section 116Verify source
§ 117117. Conspiracy to defeat justice and interference with witnessesOffence

It is an offence to conspire with another person to falsely accuse someone of a crime or to obstruct, prevent, pervert or defeat the course of justice.

Section 117. Conspiracy to defeat justice and interference with witnesses Section conspires with any other person to accuse any person falsely of any crime or to do anything to obstruct, prevent, pervert or defeat the course of justice; or
Section 117Verify source
§ 118118. Compounding feloniesProvision

Anyone who accepts or agrees to accept property or benefit in exchange for compounding, concealing, delaying prosecution of, or withholding evidence about a felony is guilty of a misdemeanour.

Section 118. Compounding felonies Section Any person who asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person upon any agreement or understanding that he will compound or conceal a felony, or will abstain from, discontinue or delay a prosecution for a felony, or will withhold any evidence thereof, is guilty of a misdemeanour.
Section 118Verify source
§ 119119. Compounding penal actionsOffence

It is an offence for a person to compound an action brought under a penal law without the court's order or consent.

Section 119. Compounding penal actions Section Any person who, having brought, or under pretence of bringing, an action against another person upon a penal law in order to obtain from him a penalty for any offence committed or alleged to have been committed by him, compounds the action without the order or consent of the court in which the action is brought or is to be brought, is guilty of a misdemeanour.[ActNo. 24 of 1967, Sch.]
Section 119Verify source
§ 120120. Advertisements for stolen propertyProvision

Addresses advertisements offering rewards for stolen or lost property that state "no questions will be asked" or that the person producing the property "will not be seized or molested."

Section 120. Advertisements for stolen property Section publicly offers a reward for the return of any property which has been stolen or lost, and in the offer makes use of any words purporting that no questions will be asked, or that the person producing such property will not be seized or molested; or
Section 120Verify source
§ 121121. Offences relating to judicial proceedingsOffence

Any person who commits the acts listed in Section 121(1)(a)–(i) relating to disrespect, obstruction, interference with witnesses, wrongful possession, publication of private evidence or similar acts in relation to judicial proceedings is guilty of an offence and liable to imprisonment for three years.

Section 121. Offences relating to judicial proceedings Section 121(1) Any person who— Section 121(1)(a) within the premises in which any judicial proceeding is being had or taken, or within the precincts of the same, shows disrespect, in speech or manner, to or with reference to such proceeding, or any person before whom such proceeding is being had or taken; or Section 121(1)(b) having been called upon to give evidence in a judicial proceeding, fails to attend, or having attended refuses to be sworn or to make an affirmation, or, having been sworn or affirmed, refuses without lawful excuse to answer a question or to produce a document, or remains in the room in which such proceeding is being had or taken, after the witnesses have been ordered to leave such room; or Section 121(1)(c) causes an obstruction or disturbance in the course of a judicial proceeding; or Section 121(1)(d) while a judicial proceeding is pending, makes use of any speech or writing misrepresenting such proceeding or capable of prejudicing any person in favour of or against any parties to such proceeding, or calculated to lower the authority of any person before whom such proceeding is being had or taken; or Section 121(1)(e) publishes a report of the evidence taken in any judicial proceeding which has been directed to be held in private; or Section 121(1)(f) attempts wrongfully to interfere with or influence a witness in a judicial proceeding, either before or after he has given evidence, in connexion with such evidence; or Section 121(1)(g) dismisses a servant because he has given evidence on behalf of a certain party to a judicial proceeding; or Section 121(1)(h) wrongfully retakes possession of land from any person who has recently obtained possession by a writ of court; or Section 121(1)(i) commits any other act of intentional disrespect to any judicial proceedings, or to any person before whom such proceeding is being had or taken, is guilty of an offence and is liable to imprisonment for three years. Section 121(2) When any offence under any of paragraphs (a), (b), (c), (d) and (i) of subsection (1) is committed in view of the court, the court may cause the offender to be detained in custody, and at any time before the rising of the court on the same day may take cognizance of the offence and sentence the offender to a fine not exceeding one thousand four hundred shillings or in default of payment to imprisonment for a term not exceeding one month. Section 121(3) The provisions of this section shall be deemed to be in addition to and not in derogation from the power of the High Court to punish for contempt of court.[ActNo. 40 of 1952, Sch., ActNo. 53 of 1952, Sch., ActNo. 21 of 1966, 2nd Sch.]
Section 121Verify source
§ 122122. RescueOffence

Using force to rescue someone from lawful custody is an offence; penalties depend on the custody status of the person rescued.

Section 122. Rescue Section 122(1) Any person who by force rescues or attempts to rescue from lawful custody any other person— Section 122(1)(a) is, if the last-named person is under sentence of death or imprisonment for life, or charged with an offence punishable with death or imprisonment for life, guilty of a felony and is liable to imprisonment for life; and Section 122(1)(b) is, if the other person is imprisoned on a charge or under sentence for any offence other than those specified above, guilty of a felony and is liable to imprisonment for seven years; and Section 122(1)(c) is, in any other case, guilty of a misdemeanour. Section 122(2) If the person rescued is in the custody of a private person, the offender must have notice of the fact that the person rescued is in such custody.
Section 122Verify source
§ 122A122A. Senior police officer may order DNA sampling procedure on suspectOffence

A police officer of or above inspector rank may, by written order, require a person suspected of a serious offence to undergo a DNA sampling procedure where there are reasonable grounds that it might produce evidential confirmation or refutation.

Section 122A. Senior police officer may order DNA sampling procedure on suspect Section 122A(1) A police officer of or above the rank of inspector may by order in writing require a person suspected of having committed a serious offence to undergo a DNA sampling procedure if there are reasonable grounds to believe that the procedure might produce evidence tending to confirm or disprove that the suspect committed the alleged offence. Section 122A(2) In this section—"DNA sampling procedure" means a procedure, carried out by a medical practitioner, consisting of— Section 122A(2)(a) the taking of a sample of saliva or a sample by buccal swab; Section 122A(2)(b) the taking of a sample of blood; Section 122A(2)(c) the taking of a sample of hair from the head or underarm; or Section 122A(2)(d) the taking of a sample from a fingernail or toenail or from under the nail,
Section 122AVerify source
§ 122B122B. Suspect to comply with orderProvision

When a suspect who is subject to an order under section 122A resists compliance, members of the police force supervised by an officer of or above inspector may use reasonable force to restrain the suspect to effect the procedure.

Section 122B. Suspect to comply with order Section Where a suspect in respect of whom an order has been made undersection 122Aresists compliance with the order, members of the police force, under supervision of an officer of or above the rank of inspector, shall be entitled to use reasonable force in restraining the suspect for the purpose of effecting the procedure.[ActNo. 5 of 2003, s. 14.]
Section 122BVerify source
§ 122C122C. Suspect may volunteerProvision

A suspect may undergo a procedure by consent without an order being made; every such consent must be recorded in writing signed by the person giving the consent.

Section 122C. Suspect may volunteer Section 122C(1) Nothing insection 122Ashall be construed as preventing a suspect from undergoing a procedure by consent, without any order having been made:Provided that every such consent shall be recorded in writing signed by the person giving the consent. Section 122C(2) Such consent may, where the suspect is a child or an incapable person, be given by the suspect’s parent or guardian.[ActNo. 5 of 2003, s. 14.]
Section 122CVerify source
§ 122D122D. Order or consent to be provenProvision

Results of DNA tests from a sample under section 122A shall not be admissible in evidence at the prosecution's request unless an order under section 122A or a consent under section 122C is first proven.

Section 122D. Order or consent to be proven Section The results of any test or analysis carried out on a sample obtained from a DNA sampling procedure within the meaning ofsection 122Ashall not be admissible in evidence at the request of the prosecution in any proceedings against the suspect unless an order undersection 122Aor a consent under 122C is first proven to have been made or given.[ActNo. 5 of 2003, s. 14.]
Section 122DVerify source
§ 123123. EscapeProvision

Anyone in lawful custody who escapes from that custody is guilty of a misdemeanour.

Section 123. Escape Section Any person who, being in lawful custody, escapes from that custody is guilty of a misdemeanour.
Section 123Verify source
§ 124124. Aiding escapeOffence

Creates an offence of aiding or attempting to aid a prisoner to escape from lawful custody.

Section 124. Aiding escape Section aids a prisoner in escaping or attempting to escape from lawful custody; or
Section 124Verify source
§ 125125. Removal, etc., of property under lawful seizureProvision

Anyone who knowingly and with intent to obstruct a court attachment receives, removes, retains, conceals or disposes of property lawfully seized commits a felony and faces three years' imprisonment.

Section 125. Removal, etc., of property under lawful seizure Section Any person who, when any property has been attached or taken under the process of authority of any court, knowingly, and with intent to hinder or defeat the attachment or process, receives, removes, retains, conceals or disposes of that property is guilty of a felony and is liable to imprisonment for three years.
Section 125Verify source
§ 126126. Obstructing court officersProvision

Any person who wilfully obstructs or resists a person lawfully executing a court order or warrant is guilty of a misdemeanour and may be imprisoned for one year.

Section 126. Obstructing court officers Section Any person who wilfully obstructs or resists any person lawfully charged with the execution of an order or warrant of any court is guilty of a misdemeanour and is liable to imprisonment for one year.
Section 126Verify source
§ 127127. Frauds and breaches of trust by persons employed in the public serviceOffence

Persons employed in the public service who, while performing their duties, commit fraud or breach of trust affecting the public are guilty of a felony.

Section 127. Frauds and breaches of trust by persons employed in the public service Section 127(1) Any person employed in the public service who, in the discharge of the duties of his office, commits any fraud or breach of trust affecting the public, whether the fraud or breach of trust would have been criminal or not if committed against a private person, is guilty of a felony. Section 127(2) A person convicted of an offence under this section shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding ten years or to both.[ActNo. 7 of 2007, Sch.]
Section 127Verify source
§ 128128. Neglect of official dutyProvision

Public servants must not wilfully neglect duties they are legally bound to perform; such neglect (if not involving excessive danger) is a misdemeanour.

Section 128. Neglect of official duty Section Every person employed in the public service who wilfully neglects to perform any duty which he is bound either by common law or by any written law to perform, provided that the discharge of the duty is not attended with greater danger than a man of ordinary courage might be expected to face, is guilty of a misdemeanour.[ActNo. 24 of 1967, Sch.]
Section 128Verify source
§ 128A128A. Offences by public officersOffence

Public officers must not aid or facilitate the commission of a felony.

Section 128A. Offences by public officers Section aids or facilitates the commission of a felony;
Section 128AVerify source
§ 129129. False information to person employed in the public serviceProvision

Addresses giving false information to a person employed in the public service.

Section 129. False information to person employed in the public service Section to do or omit anything which the person employed in the public service ought not to do or omit if the true state of facts respecting which such information is given were known to him; or
Section 129Verify source
§ 130130. Disobedience of statutory dutyOffence

Everyone who wilfully disobeys any written law affecting the public is guilty of a misdemeanour and liable to imprisonment for two years unless the written law provides another penalty.

Section 130. Disobedience of statutory duty Section Everyone who wilfully disobeys any written law by doing any act which it forbids, or by omitting to do any act which it requires to be done, and which concerns the public or any part of the public, is guilty of a misdemeanour and is liable, unless it appears from the written law that it was the intention of Parliament to provide some other penalty for the disobedience, to imprisonment for two years.[ActNo. 24 of 1967, Sch.]
Section 130Verify source
§ 131131. Disobedience of lawful ordersOffence

It is a misdemeanour for anyone to disobey an order, warrant or command lawfully issued by a court, officer or other duly authorized public person; unless another penalty or proceeding is prescribed, the person is liable to imprisonment for two years.

Section 131. Disobedience of lawful orders Section Everyone who disobeys any order, warrant or command duly made, issued or given by any court, officer or any person acting in any public capacity and duly authorized in that behalf, is guilty of a misdemeanour and is liable, unless any other penalty or mode of proceeding is expressly prescribed in respect of the disobedience, to imprisonment for two years.
Section 131Verify source
§ 132132. Undermining authority of public officerOffence

Any person who, without lawful excuse, utters, prints, publishes words or does acts calculated to bring into contempt of, or to excite defiance of or disobedience to, the lawful authority of a public officer or any class of public officers commits an offence and is liable to imprisonment for a term not exceeding three years; the burden of proof for lawful excuse lies on the person.

Section 132. Undermining authority of public officer Section Any person who, without lawful excuse, the burden of proof whereof shall lie upon him, utters, prints, publishes any words, or does any act or thing, calculated to bring into contempt, or to excite defiance of or disobedience to, the lawful authority of a public officer or any class of public officers is guilty of an offence and is liable to imprisonment for a term not exceeding three years.[ActNo. 32 of 1958, s. 3, ActNo. 54 of 1960, s. 24, ActNo. 44 of 1962, Sch.]
Section 132Verify source
§ 133133. Destruction, etc., of statutory documentsOffence

Anyone who, knowingly and without lawful authority or excuse, destroys, mutilates, defaces, alters, abandons or fails to preserve any statutory document is guilty of an offence and liable to specified penalties; instigating others to do so is a separate offence with a longer maximum term of imprisonment.

Section 133. Destruction, etc., of statutory documents Section 133(1) Any person who, knowingly and without lawful authority or excuse, destroys, mutilates, defaces, alters, abandons or fails to preserve any statutory document is guilty of an offence and is liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months, or to both. Section 133(2) Any person who, in any manner or by whatever means, instigates, expressly or by implication, any person or class of persons to destroy, mutilate, deface, alter, abandon or fail to preserve any statutory document or any class of statutory documents, or who does any act with intent or knowing it to be likely that any person or class of persons will be instigated thereby to destroy, mutilate, deface, alter, abandon or fail to preserve any statutory document, is guilty of an offence and is liable to imprisonment for a term not exceeding three years. Section 133(3) In this section, "statutory document" means any licence, permit, identity card, record or return or certificate of or relating to employment, and any other record of or document establishing status, identity, qualifications, service, authorization, eligibility or entitlement, made, granted, given or issued under and for the purposes of, and in a form prescribed by, any written law, and being of current validity, and includes any part thereof, and any copy thereof made, granted, given or issued as aforesaid.
Section 133Verify source
§ 134134. Insult to religionProvision

Any person who destroys, damages or defiles a place of worship or sacred object with intent to insult a religion, or knowing others are likely to view it as such, commits a misdemeanour.

Section 134. Insult to religion Section Any person who destroys, damages or defiles any place of worship or any object which is held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, is guilty of a misdemeanour.
Section 134Verify source
§ 135135. Disturbing religious assembliesProvision

Anyone who voluntarily disturbs a lawful religious assembly is guilty of a misdemeanour.

Section 135. Disturbing religious assemblies Section Any person who voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship or religious ceremony is guilty of a misdemeanour.
Section 135Verify source
§ 136136. Trespassing on burial placesProvision

Prohibits a person from trespassing on places of worship or burial, offering indignity to a corpse, or disturbing funeral assemblies when done with intent or knowledge to wound feelings or insult religion; such conduct is a misdemeanour.

Section 136. Trespassing on burial places Section Every person who, with the intention of wounding the feelings of any person or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or in any place of sepulture, or in any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the purpose of funeral ceremonies, is guilty of a misdemeanour.
Section 136Verify source
§ 137137. Hindering burial of dead body, etc.Provision

Prohibits unlawfully hindering or improperly handling a dead body and creates a duty to bury; offenders are guilty of a misdemeanour.

Section 137. Hindering burial of dead body, etc. Section Whoever unlawfully hinders the burial of the dead body of any person, or without lawful authority in that behalf disinters, dissects or harms the dead body of any person, or, being under a duty to cause the dead body of any person to be buried, fails to perform that duty, is guilty of a misdemeanour.
Section 137Verify source
§ 138138. Writing or uttering words with intent to wound religious feelingsProvision

Anyone who deliberately intends to wound another person's religious feelings by writing, uttering, making sounds, gestures, or placing objects in their sight commits a misdemeanour and may be imprisoned for one year.

Section 138. Writing or uttering words with intent to wound religious feelings Section Any person who, with the deliberate intention of wounding the religious feelings of any other person, writes any word, or any person who, with the like intention, utters any word or makes any sound in the hearing of any other person or makes any gesture or places any object in the sight of any other person, is guilty of a misdemeanour and is liable to imprisonment for one year.
Section 138Verify source
§ 393393. Conspiracy to commit felonyOffence

Any person who conspires with another to commit a felony (including acts abroad that would be felony in Kenya and are offences where proposed) is guilty of a felony and liable to imprisonment for seven years or a lesser punishment if applicable.

Section 393. Conspiracy to commit felony Section Any person who conspires with another to commit any felony, or to do any act in any part of the world which if done in Kenya would be a felony, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of a felony and is liable, if no other punishment is provided, to imprisonment for seven years, or, if the greatest punishment to which a person convicted of the felony in question is liable is less than imprisonment for seven years, then to that lesser punishment.
Section 393Verify source
§ 394394. Conspiracy to commit misdemeanourOffence

Any person who conspires with another to commit a misdemeanour (including acts abroad that would be misdemeanours in Kenya and are offences where proposed) is guilty of a misdemeanour.

Section 394. Conspiracy to commit misdemeanour Section Any person who conspires with another to commit a misdemeanour, or to do any act in any part of the world which if done in Kenya would be a misdemeanour, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of a misdemeanour.
Section 394Verify source
§ 395395. Other conspiraciesOffence

Makes conspiracies to prevent or defeat the execution or enforcement of any written law an offence.

Section 395. Other conspiracies Section to prevent or defeat the execution or enforcement of any written law; or
Section 395Verify source
§ 396396. Definition of accessories after the factInterpretation

Defines "accessory after the fact" and states that a wife or a husband does not become an accessory after the fact by assisting their spouse to escape punishment.

Section 396. Definition of accessories after the fact Section 396(1) A person who receives or assists another who is, to his knowledge, guilty of an offence, in order to enable him to escape punishment, is said to become an accessory after the fact to the offence. Section 396(2) A wife does not become an accessory after the fact to an offence of which her husband is guilty by receiving or assisting him in order to enable him to escape punishment; or by receiving or assisting in her husband’s presence and by his authority another person who is guilty of an offence in the commission of which her husband has taken part, in order to enable that other person to escape punishment; nor does a husband become an accessory after the fact to an offence of which his wife is guilty by receiving or assisting her in order to enable her to escape punishment.
Section 396Verify source
§ 397397. Punishment of accessories after the fact to feloniesProvision

Anyone who becomes an accessory after the fact to a felony is guilty of a felony and, if no other punishment is provided, is liable to imprisonment for three years.

Section 397. Punishment of accessories after the fact to felonies Section Any person who becomes an accessory after the fact to a felony is guilty of a felony and is liable, if no other punishment is provided, to imprisonment for three years.
Section 397Verify source
§ 398398. Punishment of accessories after the fact to misdemeanoursProvision

Becoming an accessory after the fact to a misdemeanour makes a person guilty of a misdemeanour.

Section 398. Punishment of accessories after the fact to misdemeanours Section Any person who becomes an accessory after the fact to a misdemeanour is guilty of a misdemeanour.
Section 398Verify source
§ 139139.[Deleted by ActNo. 3 of 2006, 2nd Sch.]Provision

Section 139 has been deleted.

Section 139.[Deleted by ActNo. 3 of 2006, 2nd Sch.]
Section 139Verify source
§ 140140.[Deleted by ActNo. 3 of 2006, 2nd Sch.]Provision

Section 140 deleted by ActNo. 3 of 2006, 2nd Sch.

Section 140.[Deleted by ActNo. 3 of 2006, 2nd Sch.]
Section 140Verify source
§ 141141.[Deleted by ActNo. 3 of 2006, 2nd Sch.]Provision

Section 141 has been deleted.

Section 141.[Deleted by ActNo. 3 of 2006, 2nd Sch.]
Section 141Verify source
§ 142142.[Deleted by ActNo. 3 of 2006, 2nd Sch.]Provision

Section 142 has been deleted.

Section 142.[Deleted by ActNo. 3 of 2006, 2nd Sch.]
Section 142Verify source
§ 143143.[Deleted by ActNo. 3 of 2006, 2nd Sch.]Provision

Section 143 was deleted by ActNo. 3 of 2006, 2nd Sch.

Section 143.[Deleted by ActNo. 3 of 2006, 2nd Sch.]
Section 143Verify source
§ 144144.[Deleted by ActNo. 3 of 2006, 2nd Sch.]Provision

Section 144 has been deleted.

Section 144.[Deleted by ActNo. 3 of 2006, 2nd Sch.]
Section 144Verify source
§ 145145.[Deleted by ActNo. 3 of 2006, 2nd Sch.]Provision

Section 145 has been deleted.

Section 145.[Deleted by ActNo. 3 of 2006, 2nd Sch.]
Section 145Verify source
§ 146146. Defilement of person suffering from mental illnessOffence

Anyone who, knowing a person is suffering from mental illness, has or attempts unlawful carnal connection with them (not amounting to rape) commits a felony and is liable to imprisonment with hard labour for fourteen years.

Section 146. Defilement of person suffering from mental illness Section Any person who, knowing a person to be a person suffering from mental illness, has or attempts to have unlawful carnal connection with him or her under circumstances not amounting to rape, but which prove that the offender knew at the time of the commission of the offence that the person was a person suffering from mental illness, is guilty of a felony and is liable to imprisonment with hard labour for fourteen years.[ActNo. 3 of 1969, First Sch., ActNo. 5 of 2003, s. 20, ActNo. 19 of 2023, Sch.]
Section 146Verify source
§ 147147.[Deleted by ActNo. 3 of 2006, 2nd Sch.]Provision

Section 147 has been deleted by Act No. 3 of 2006, 2nd Schedule.

Section 147.[Deleted by ActNo. 3 of 2006, 2nd Sch.]
Section 147Verify source
§ 148148.[Deleted by ActNo. 3 of 2006, 2nd Sch.]Provision

Section 148 has been deleted by Act No. 3 of 2006 (2nd Schedule).

Section 148.[Deleted by ActNo. 3 of 2006, 2nd Sch.]
Section 148Verify source
§ 149149.[Deleted by ActNo. 3 of 2006, 2nd Sch.]Provision

Section 149 has been deleted.

Section 149.[Deleted by ActNo. 3 of 2006, 2nd Sch.]
Section 149Verify source
§ 150150.[Deleted by ActNo. 5 of 2003, s. 24.]Provision

Section 150 has been deleted by ActNo. 5 of 2003, s. 24.

Section 150.[Deleted by ActNo. 5 of 2003, s. 24.]
Section 150Verify source
§ 151151. Detention of females for immoral purposesProvision

Any person must not detain another person against their will in premises intending an unlawful sexual connection or in a brothel.

Section 151. Detention of females for immoral purposes Section 151(1) Any person who detains any other person against his or her will— Section 151(1)(a) in or upon any premises with intent that he or she may have unlawful sexual connection with any person, whether any particular person or generally; or Section 151(1)(b) in any brothel, Section 151(2) A person in or upon any premises for the purpose of having any unlawful sexual connection, or in any brothel, shall be deemed to be detained therein by any other person who, with intent to compel or induce that person to remain in or upon the premises or in the brothel— Section 151(2)(a) withholds from that person any wearing apparel or other property belonging to that person; or Section 151(2)(b) where wearing apparel has been lent or otherwise supplied to that person by or at his direction, threatens that person with legal proceedings in the event that that person should take away the wearing apparel so lent or supplied. Section 151(3) No legal proceedings, whether civil or criminal, shall be taken against only such person for taking away or being found in possession of only such wearing apparel as was necessary to enable her leave such premises or brothel.[ActNo. 5 of 2003, ss. 25 (9) and 27, ActNo. 5 of 2003, s. 25 (b).]
Section 151Verify source
§ 152152. Power of search for persons detainedProvision

Magistrates may issue warrants to search for and recover persons unlawfully detained when informed on oath by parents, guardians, relatives or other bona fide informants; authorised persons may enter premises and remove such persons.

Section 152. Power of search for persons detained Section 152(1) If it appears to any magistrate, on information laid before him on oath by— Section 152(1)(a) any parent, relative or guardian of a person named in the information; or Section 152(1)(b) any other informant who, in the opinion of the magistrate, is acting bona fide in the interests of the person so named, Section 152(2) The magistrate before whom the person concerned is brought may cause the person to be delivered up to his or her parents or guardians or to be otherwise dealt with as circumstances may require. Section 152(3) A magistrate issuing a warrant under subsection (1) may by the same or another warrant cause any person accused of unlawfully detaining the person concerned to be apprehended and brought before a magistrate, where he shall be dealt with according to law. Section 152(4) A person shall be deemed to be unlawfully detained for immoral purposes if— Section 152(4)(a) the person is detained for the purpose of having unlawful sexual connection with any person, whether any particular person or generally; and Section 152(4)(b) the person— Section 152(4)(b) is under the age of sixteen years; or Section 152(4)(b)(i) is under the age of sixteen years; or Section 152(4)(b)(ii) being of or over the age of sixteen years and under the age of eighteen years, is so detained against his or her will or against the will of his or her father or mother or any person having the lawful care or charge of him or her; or Section 152(4)(b)(iii) being of or over the age of eighteen years, is so detained against his or her own will. Section 152(5) Any person authorised by warrant under this section to search for any person detained as abovementioned may enter (if need be, by force) any house, building or other place mentioned in the warrant, and may remove the person therefrom.[5 of 2003, s. 26.]
Section 152Verify source
§ 153153. Male person living on earnings of prostitution or solicitingProvision

It prohibits every male person from knowingly living on the earnings of prostitution and from persistently soliciting or importuning for immoral purposes in public.

Section 153. Male person living on earnings of prostitution or soliciting Section 153(1) Every male person who— Section 153(1)(a) knowingly lives wholly or in part on the earnings of prostitution; or Section 153(1)(b) in any public place persistently solicits or importunes for immoral purposes, Section 153(2) Where a male person is proved to live with or to be habitually in the company of a prostitute or is proved to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that he is aiding, abetting or compelling her prostitution with any other person, or generally, he shall unless he satisfies the court to the contrary be deemed to be knowingly living on the earnings of prostitution.[ActNo. 5 of 2003, s. 28.]
Section 153Verify source
§ 154154. Woman living on earnings of prostitution or aiding, etc., prostitutionProvision

Every woman who knowingly lives on the earnings of prostitution, or who for gain controls or influences a prostitute's movements so as to aid, abet or compel her prostitution, is guilty of a felony.

Section 154. Woman living on earnings of prostitution or aiding, etc., prostitution Section Every woman who knowingly lives wholly or in part on the earnings of prostitution, or who is proved to have, for the purpose of gain, exercised control, direction or influence over the movements of a prostitute in such a manner as to show that she is aiding, abetting or compelling her prostitution with any person, or generally, is guilty of a felony.[ActNo. 5 of 2003, s. 29.]
Section 154Verify source
§ 155155. Premises used for prostitutionProvision

A magistrate may, on sworn information showing reason to suspect a house is used for prostitution and that someone is living on the prostitute's earnings or controlling her, issue a warrant authorizing police to enter, search and arrest.

Section 155. Premises used for prostitution Section If it is made to appear to a magistrate by information on oath that there is reason to suspect that any house or any part of a house is used by a woman or girl for the purposes of prostitution, and that any person residing in or frequenting the house is living wholly or in part on the earnings of the prostitute, or is exercising control, direction or influence over the movements of the prostitute, the magistrate may issue a warrant authorizing any police officer to enter and search the house and to arrest such person.
Section 155Verify source
§ 156156. BrothelsProvision

Makes keeping, managing or assisting in the management of a brothel an offense.

Section 156. Brothels Section keeps or manages or assists in the management of a brothel; or
Section 156Verify source
§ 157157. Conspiracy to defileProvision

Making or conspiring to make another person permit unlawful sexual intercourse by false pretence is a felony punishable by three years' imprisonment.

Section 157. Conspiracy to defile Section 157(1) Any person who conspires with another to induce any woman or girl, by means of any false pretence or other fraudulent means, to permit any man to have unlawful carnal knowledge of her is guilty of a felony and is liable to imprisonment for three years. Section 157(2) Any person who conspires with another to induce any man or boy, by means of any false pretence or other fraudulent means, to permit any person to have unlawful sexual connexion with him is guilty of a felony and is liable to imprisonment for three years.[ActNo. 5 of 2003, s. 31.]
Section 157Verify source
§ 158158. Attempts to procure abortionProvision

Any person who, with intent to procure a woman’s miscarriage, unlawfully administers a poison, causes her to take a noxious thing, or uses force or other means to procure abortion is guilty of a felony and liable to imprisonment for fourteen years.

Section 158. Attempts to procure abortion Section Any person who, with intent to procure miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, is guilty of a felony and is liable to imprisonment for fourteen years.
Section 158Verify source
§ 159159. The like by woman with childProvision

A woman who, while pregnant and intending to cause her own miscarriage, unlawfully causes or permits substances, force, or other means to be used is guilty of a felony and can be imprisoned for seven years.

Section 159. The like by woman with child Section Any woman who, being with child, with intent to procure her own miscarriage, unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, or permits any such thing or means to be administered or used to her, is guilty of a felony and is liable to imprisonment for seven years.
Section 159Verify source
§ 160160. Supplying drugs or instruments to procure abortionProvision

Anyone who unlawfully supplies or procures anything knowing it will be used to procure a miscarriage is guilty of a felony and liable to imprisonment for three years.

Section 160. Supplying drugs or instruments to procure abortion Section Any person who unlawfully supplies to or procures for any person any thing whatever, knowing that it is intended to be unlawfully used to procure the miscarriage of a woman whether she is or is not with child, is guilty of a felony and is liable to imprisonment for three years.
Section 160Verify source
§ 161161.[Deleted by ActNo. 3 of 2006, 2nd Sch.]Provision

Section 161 has been deleted.

Section 161.[Deleted by ActNo. 3 of 2006, 2nd Sch.]
Section 161Verify source
§ 162162. Unnatural offencesOffence

Makes carnal knowledge of any person "against the order of nature" an unnatural offence.

Section 162. Unnatural offences Section has carnal knowledge of any person against the order of nature; or
Section 162Verify source
§ 163163. Attempt to commit unnatural offencesOffence

Any person who attempts to commit any of the offences specified in section 162 is guilty of a felony and is liable to imprisonment for seven years.

Section 163. Attempt to commit unnatural offences Section Any person who attempts to commit any of the offences specified insection 162is guilty of a felony and is liable to imprisonment for seven years.[5 of 2003, s. 33.]
Section 163Verify source
§ 164164.[Deleted by ActNo. 3 of 2006, 2nd Sch.]Provision

Section 164 deleted by ActNo. 3 of 2006, 2nd Sch.

Section 164.[Deleted by ActNo. 3 of 2006, 2nd Sch.]
Section 164Verify source
§ 165165. Indecent practices between malesOffence

Creates a criminal offence for any male person to commit, procure, or attempt to procure acts of gross indecency with another male person, whether in public or private; punishable by up to five years' imprisonment.

Section 165. Indecent practices between males Section Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony and is liable to imprisonment for five years.[ActNo. 5 of 2003, s. 35.]
Section 165Verify source
§ 166166.[Deleted by ActNo. 3 of 2006, 2nd Sch.]Provision

The section has been deleted.

Section 166.[Deleted by ActNo. 3 of 2006, 2nd Sch.]
Section 166Verify source
§ 167167.[Deleted by ActNo. 3 of 2006, 2nd Sch.]Provision

Section 167 has been deleted.

Section 167.[Deleted by ActNo. 3 of 2006, 2nd Sch.]
Section 167Verify source
§ 168168.[Deleted by ActNo. 3 of 2006, 2nd Sch.]Provision

Section 168 has been deleted.

Section 168.[Deleted by ActNo. 3 of 2006, 2nd Sch.]
Section 168Verify source
§ 169169.[Deleted by ActNo. 5 of 2003, s. 36.]Provision

Section 169 has been deleted.

Section 169.[Deleted by ActNo. 5 of 2003, s. 36.]
Section 169Verify source
§ 170170.[Deleted by ActNo. 7 of 2007, Sch.]Provision

Section 170 has been deleted by Act No. 7 of 2007, Sch.

Section 170.[Deleted by ActNo. 7 of 2007, Sch.]
Section 170Verify source
§ 171171. BigamyOffence

Makes it a felony for a person with a living spouse to knowingly marry again while that spouse is alive; penalty is imprisonment for five years, with specific exceptions for voided marriages and long absence (seven years).

Section 171. Bigamy Section Any person who, having a husband or wife living, goes through a ceremony of marriage which is void by reason of its taking place during the life of the husband or wife, is guilty of a felony and is liable to imprisonment for five years:Provided that this section shall not extend to any person whose marriage with the husband or wife has been declared void by a court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife if the husband or wife, at the time of the subsequent marriage, has been continually absent from such person for the space of seven years, and has not been heard of by such person as being alive within that time.
Section 171Verify source
§ 172172. Marriage with dishonest or fraudulent intentProvision

It is a crime for any person who, dishonestly or with fraudulent intent, goes through a marriage ceremony knowing they are not lawfully married; the person is guilty of a felony and liable to imprisonment for five years.

Section 172. Marriage with dishonest or fraudulent intent Section Any person who dishonestly or with a fraudulent intention goes through the ceremony of marriage, knowing that he is not thereby lawfully married, is guilty of a felony and is liable to imprisonment for five years.
Section 172Verify source
§ 173173. Master not providing for servants or apprenticesProvision

Persons legally liable as masters or mistresses must provide necessary food, clothing and lodging for their apprentices or servants; wilful failure or causing serious bodily harm is a misdemeanour.

Section 173. Master not providing for servants or apprentices Section Any person who being legally liable, either as master or mistress, to provide for any apprentice or servant necessary food, clothing or lodging, wilfully and without lawful excuse refuses or neglects to provide the same, or unlawfully and maliciously does or causes to be done any bodily harm to such apprentice or servant so that the life of such apprentice or servant is endangered or that his health has been or is likely to be permanently injured, is guilty of a misdemeanour.
Section 173Verify source
§ 174174. Child stealingOffence

It is an offence for any person to take, entice away, detain, receive or harbour a child under fourteen with intent to deprive the child's lawful custodian of possession; a good-faith claim to possession or parentage for an illegitimate child is a defence.

Section 174. Child stealing Section 174(1) Any person who, with intent to deprive any parent, guardian or other person who has the lawful care or charge of a child under the age of fourteen years of the possession of the child— Section 174(1)(a) forcibly or fraudulently takes or entices away or detains the child; or Section 174(1)(b) receives or harbours the child, knowing it to have been so taken or enticed away or detained, Section 174(2) It is a defence to a charge of any of the offences defined in this section to prove that the accused person claimed in good faith a right to the possession of the child, or, in the case of an illegitimate child, is its mother or claimed to be its father.
Section 174Verify source
§ 175175. Common nuisanceProvision

Any person who does an act not authorized by law or omits to discharge a legal duty and thereby causes common injury, danger, annoyance, or obstructs or causes inconvenience to the public commits the misdemeanour called common nuisance and is liable to imprisonment for one year.

Section 175. Common nuisance Section 175(1) Any person who does an act not authorized by law or omits to discharge a legal duty and thereby causes any common injury, or danger or annoyance, or obstructs or causes inconvenience to the public in the exercise of common rights, commits the misdemeanour termed a common nuisance and is liable to imprisonment for one year. Section 175(2) It is immaterial that the act or omission complained of is convenient to a larger number of the public than it inconveniences, but the fact that it facilitates the lawful exercise of their rights by a part of the public may show that it is not a nuisance to any of the public.
Section 175Verify source
§ 176176.[Deleted by ActNo. 9 of 1966, s. 71.]Provision

Section 176 has been deleted.

Section 176.[Deleted by ActNo. 9 of 1966, s. 71.]
Section 176Verify source
§ 177177.[Deleted by ActNo. 9 of 1966, s. 71.]Provision

Section 177 deleted by ActNo. 9 of 1966, s. 71.

Section 177.[Deleted by ActNo. 9 of 1966, s. 71.]
Section 177Verify source
§ 178178.[Deleted by ActNo. 9 of 1966, s. 71.]Provision

This section has been deleted.

Section 178.[Deleted by ActNo. 9 of 1966, s. 71.]
Section 178Verify source
§ 179179.[Deleted by ActNo. 9 of 1966, s. 71.]Provision

Section 179 was deleted by Act No. 9 of 1966, s. 71.

Section 179.[Deleted by ActNo. 9 of 1966, s. 71.]
Section 179Verify source
§ 180180.[Deleted by ActNo. 9 of 1966, s. 71.]Provision

Section 180 has been deleted.

Section 180.[Deleted by ActNo. 9 of 1966, s. 71.]
Section 180Verify source
§ 181181. Traffic in obscene publicationsOffence

Section 181 makes it an offence for any person to make, possess, distribute, import, export, exhibit, deal in, advertise, or otherwise traffic in obscene materials or to publicly exhibit indecent performances; a court may order destruction of such materials and may do so on application by specified authorities.

Section 181. Traffic in obscene publications Section 181(1) Any person who— Section 181(1)(a) for the purpose of or by way of trade or for the purpose of distribution or public exhibition, makes, produces or has in his possession any one or more obscene writings, drawings, prints, paintings, printed matter, pictures, posters, emblems, photographs, cinematograph films or any other obscene objects, or any other object tending to corrupt morals; or Section 181(1)(b) for any of the purposes above mentioned imports, conveys or exports, or causes to be imported, conveyed or exported, any such matters or things, or in any manner whatsoever puts any of them in circulation; or Section 181(1)(c) carries on or takes part in any business, whether public or private concerned with any such matters or things, or deals in any such matters or things in any manner whatsoever, or distributes any of them, or exhibits any of them publicly, or makes a business of lending any of them; or Section 181(1)(d) advertises or makes known by any means whatsoever, with a view to assisting the circulation of or traffic in any such matters or things, that a person is engaged in any of the acts referred to in this section, or advertises or makes known how, or from whom, any such matters or things can be procured either directly or indirectly; or Section 181(1)(e) publicly exhibits any indecent show or performance or any show or performance tending to corrupt morals, Section 181(2) If, in respect of any of the offences specified in paragraphs (a), (b), (c) and (d) of subsection (1), any constituent element thereof is committed in Kenya, such commission shall be sufficient to render the person accused of such offence triable therefore in Kenya. Section 181(3) A court, on convicting any person of an offence against this section, may order to be destroyed any matter or thing made, possessed or used for the purpose of that offence. Section 181(4) A court may, on the application of the Director of Public Prosecutions, the Solicitor-General, a State Counsel or a Superintendent of Police, order the destruction of any obscene matter or thing to which this section relates, whether any person may or may not have been convicted under this section in respect of the obscene matter or thing.[ActNo. 40 of 1952, Sch., ActNo. 12 of 2012, Sch.]
Section 181Verify source
§ 182182. Idle and disorderly personsProvision

Applies to every common prostitute behaving in a disorderly or indecent manner in any public place.

Section 182. Idle and disorderly persons Section every common prostitute behaving in a disorderly or indecent manner in any public place;
Section 182Verify source
§ 183183.[Deleted by ActNo. 5 of 2003, s. 37.]Provision

The provision (Section 183) has been deleted.

Section 183.[Deleted by ActNo. 5 of 2003, s. 37.]
Section 183Verify source
§ 184184. Unauthorized uniformsOffence

It is a criminal offence for persons not serving in the armed forces or police (unless lawfully present in Kenya and with permission) to wear, import, sell, or possess for sale uniforms or dress resembling military/regimental uniforms without the Cabinet Secretary's permission; specified exceptions and penalties apply.

Section 184. Unauthorized uniforms Section 184(1) Any person who, not being a person serving in the disciplined forces or the police force, or any other armed forces for the time being lawfully present in Kenya, wears without the permission of the Cabinet Secretary or without other lawful authority the uniform of any of those forces, or any dress having the appearance or bearing any of the regimental or other distinctive marks of such uniform, is guilty of a misdemeanour and is liable to imprisonment for one month or to a fine of six hundred shillings:Provided that nothing in this section shall prevent any person from wearing any uniform or dress in the course of a stage play performed in any place in which stage plays may lawfully be publicly performed, or in the course of a music-hall or circus performance or in the course of any bona fide military representation. Section 184(2) Any person who unlawfully wears the uniform of any of the forces aforesaid, or any dress having the appearance or bearing any of the regimental or other distinctive marks of any such uniform, in such a manner or in such circumstances as to be likely to bring contempt on that uniform, or employs any other person so to wear such uniform or dress, is guilty of a misdemeanour and is liable to imprisonment for three months or to a fine of one thousand two hundred shillings. Section 184(3) Any person who, not being in the service of Kenya or not having previously received the written permission of the Cabinet Secretary so to do, imports or sells or has in his possession for sale the uniform or dress mentioned in this section, or the buttons or badges appropriate thereto, is guilty of a misdemeanour and is liable to imprisonment for six months or to a fine of six thousand shillings:Provided that nothing in this subsection shall be deemed to prohibit the importation of any such uniform or dress by any person who is lawfully in possession thereof. Section 184(4) When any person has been convicted of any offence under this section, the uniform, dress, button, badge or other thing in respect of which the offence has been committed shall be forfeited unless the Cabinet Secretary otherwise orders.[ActNo. 42 of 1951, s. 10, ActNo. 40 of 1952, Sch., L.N. 407 1961, ActNo. 19 of 1964, s. 2, ActNo. 24 of 1967, Sch.]
Section 184Verify source

Legislative relationships

5 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

  • Criminal Procedure Code

    Sections 13, 32, 34

  • Explosives Act

    Section 89

G–M

2 instruments

  • Kenya Citizenship and Immigration Act

    Section 26A

  • Kenya for the purposes of this Code

    Section 5

N–S

1 instrument

  • Offenders Act

    Section 35

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