Public Order Act

This Act may be cited as the Public Order Act.

Jurisdiction: Kenya
Instrument: Act or statute
Citation: Cap. 56
Version: 31 Dec 2022
Language: en
Official source: View official record ↗

Source attribution: Source: Kenya Law

Statute overview

About this statute

This Act may be cited as the Public Order Act. Defines “Section” as “any meeting convened and held exclusively for the lawful purposes of any public body; or” Membership of an association organised, trained or equipped to usurp police or military functions or to use/display force for political ends is an offence, with specified fines and prison terms; High Court and judges have powers to order property restraint and grant search warrants; use of stewards for order at private public meetings is permitted. Prohibits uniforms and related organised displays in connexion with political objects by enabling orders under subsection (1) based on the Cabinet Secretary's opinion, and makes contravention of such orders an offence. Persons must notify the regulating officer 3–14 days before convening a public meeting or procession; organisers must be present and assist police; meetings contrary to notice requirements or when prevented by the regulating officer are prohibited and may be unlawful.

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Provisions of Public Order Act

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Part I

PRELIMINARY

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PRELIMINARY - 1. Short title
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This Act may be cited as the Public Order Act.

Section 1. Short title Section This Act may be cited as the Public Order Act.
2
PRELIMINARY - 2. Interpretation
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Defines “Section” as “any meeting convened and held exclusively for the lawful purposes of any public body; or”

Section 2. Interpretation Section any meeting convened and held exclusively for the lawful purposes of any public body; or

Part II

QUASI-MILITARY ORGANISATIONS AND POLITICAL UNIFORMS

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QUASI-MILITARY ORGANISATIONS AND POLITICAL UNIFORMS - 3. Prohibition of organisations equipped to usurp functions of police, etc.
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Membership of an association organised, trained or equipped to usurp police or military functions or to use/display force for political ends is an offence, with specified fines and prison terms; High Court and judges have powers to order property restraint and grant search warrants; use of stewards for order at private public meetings is permitted.

Section 3. Prohibition of organisations equipped to usurp functions of police, etc. Section 3(1)(a) organised or trained or equipped for the purpose of enabling them to be employed in usurping the functions of the police or of the Kenya Defence Forces; or Section 3(1)(b) organised and trained or organised and equipped either for the purpose of enabling them to be employed for the use or display of physical force in promoting any political object, or in such manner as to arouse reasonable apprehension that they are organised and either trained or equipped for that purpose, then any member or adherent of such association shall be guilty of an offence and liable to a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding two years, or to both such fine and such imprisonment, and any person who promotes or conspires with another to promote or who takes part in the control or management of the association, or in so organising or training or equipping as aforesaid any member or adherent thereof, shall be guilty of an offence and liable to a fine of two thousand shillings or to imprisonment for a term not exceeding three years, or to both such fine and such imprisonment: Section 3(2) No prosecution under this section shall be instituted without the consent of the Director of Public Prosecutions. Section 3(3) If, upon application being made by the Attorney-General, it appears to the High Court that any association is an association of which members or adherents are organised, trained or equipped in contravention of the provisions of this section, the Court may make such order as appears necessary to prevent any disposition without the leave of the Court of property held by or for the association, and may direct an inquiry and report to be made as to any such property as aforesaid and as to the affairs of the association, and may make such further orders as appear to the Court to be just and equitable for the application of such property in or towards the discharge of the liabilities of the association lawfully incurred before the date of the application or since that date with the approval of the Court, in or towards repayment of moneys to persons who became subscribers or contributors to the association in good faith and without knowledge of any such contravention as aforesaid, and in or towards any costs incurred in connexion with any such inquiry and report as aforesaid or in winding up or dissolving the association, and may order that any property which is not directed by the Court to be so applied as aforesaid shall be forfeited. Section 3(4) In any criminal or civil proceedings under this section, proof of things done or of words written, spoken or published (whether or not in the presence of any party to the proceedings) by any person taking part in the control or management of an association or in organising, training or equipping members or adherents of an association shall be admissible as evidence of the purposes for which, or the manner in which, members or adherents of the association (whether those persons or others) were organised, or trained or equipped. Section 3(5) If a judge of the High Court or magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence under this section has been committed, and that evidence of the commission thereof is to be found at any premises or place specified in the information, he may, on an application made by a police officer of a rank not lower than that of Inspector, grant a search warrant authorising any such police officer named in the warrant together with any other persons named in the warrant and any other police officers to enter the premises or place at any time within one month from the date of the warrant, if necessary by force, and to search the premises or place and every person found therein, and seize anything found on the premises or place or on any such person which the officer has reasonable ground for suspecting to be evidence of the commission of such an offence as aforesaid: Provided that no woman shall, in pursuance of a warrant issued under this subsection, be searched except by a woman. Section 3(6) Nothing in this section shall be construed as prohibiting the employment of a reasonable number of persons as stewards to assist in the preservation of order at any public meeting held upon private premises, or the making of arrangements for that purpose or the instruction of the persons to be so employed in their lawful duties as such stewards, or their being furnished with badges or other distinguishing signs. [L.N. 87/1964, Act No. 12 of 2012 , Sch., Act No. 19 of 2014 , s. 2.]
4
QUASI-MILITARY ORGANISATIONS AND POLITICAL UNIFORMS - 4. Prohibition of uniforms, etc., in connexion with political objects
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Prohibits uniforms and related organised displays in connexion with political objects by enabling orders under subsection (1) based on the Cabinet Secretary's opinion, and makes contravention of such orders an offence.

Section 4. Prohibition of uniforms, etc., in connexion with political objects Section 4(1)(a) repealed by ActNo. 10 of 1997, Sch.; Section 4(1)(b) when, in the opinion of the Cabinet Secretary, members of that organisation or association are organised or trained or equipped for the purpose of enabling them to be employed in usurping the functions of the police or of the Defence Forces; or Section 4(1)(b)(i) when, in the opinion of the Cabinet Secretary, members of that organisation or association are organised or trained or equipped for the purpose of enabling them to be employed in usurping the functions of the police or of the Defence Forces; or Section 4(1)(b)(ii) when, in the opinion of the Cabinet Secretary, members of that organisation or association are organised or trained or equipped for the purpose of enabling them to be employed for the use or display of physical force in promoting any political or other object or in such a manner as to arouse reasonable apprehension that they are organised or trained or equipped for that purpose. Section 4(2) Any person who contravenes the provisions of any order made under subsection (1) of this section shall be guilty of an offence. [Act No. 53 of 1960 , s. 5, L.N. 402/1963, L.N. 87/1964, Act No. 10 of 1997 , Sch.]

Part III

PUBLIC GATHERINGS

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PUBLIC GATHERINGS - 5. Regulation of Public meeting and Processions
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Persons must notify the regulating officer 3–14 days before convening a public meeting or procession; organisers must be present and assist police; meetings contrary to notice requirements or when prevented by the regulating officer are prohibited and may be unlawful.

Section 5. Regulation of Public meeting and Processions Section 5(1) No person shall hold a public meeting or a public procession except in accordance with the provisions of this section. Section 5(2) Any person intending to convene a public meeting or a public procession shall notify the regulating officer of such intent at least three days but not more than fourteen days before the proposed date of the public meeting or procession. Section 5(3)(a) the full names and physical address of the organiser of the proposed public meeting or public procession; Section 5(3)(b) the proposed date of the meeting or procession and the time thereof which shall be between six o’clock in the morning and six o’clock in the afternoon; Section 5(3)(c) the proposed site of the public meeting or the proposed route in the case of a public procession. Section 5(4) Where, upon receipt of a notice under subsection (2), it is not possible to hold the proposed public meeting or public procession for the reason that notice of another public meeting or procession on the date, at the time and at the venue proposed has already been received by the regulating officer, the regulating officer shall forthwith notify the organiser. Section 5(5) The notification by the regulating officer under subsection (4) shall be in writing and shall be delivered to the organiser at the physical address specified pursuant to the provision of subsection (3). Section 5(6) Where the regulating officer notifies the organiser of a public meeting or public procession in accordance with subsection (3) that it is not possible to hold the proposed meeting or procession, such public meeting or procession shall not be held on the date, at the time and venue proposed, but may, subject to this section, be held on such future date as the organiser may subsequently notify. Section 5(7) The organiser of every public meeting or public procession or his authorised agent shall be present throughout the meeting or procession and shall assist the police in the maintenance of peace and order at the meeting or procession. Section 5(8)(a) any public meeting or public procession held contrary to the provisions of subsections (2) or (6); Section 5(8)(b) any public gathering or other meeting or procession which, having regard to the rights and interests of the persons participating in such gathering, meeting or procession, there is clear, present or imminent danger of a breach of the peace or public order, and may, for any of the purposes aforesaid, give or issue such orders, including orders for the dispersal of the meeting, procession or gathering as are reasonable in the circumstances, having regard to the rights and freedoms of the persons in respect of whom such orders are issued and the rights and freedoms of others. Section 5(9) Any person who neglects or refuses to obey any order given or issued under subsection (7) shall be guilty of an offence. Section 5(10) Any public meeting or public procession held contrary to the provisions of subsections (1) and (5) shall be deemed to be an unlawful assembly. Section 5(11) Any person who takes part in any public meeting or public procession deemed to be an unlawful assembly under subsection (10), or holds, convenes or organises or is concerned in the holding, convening or organising of any such meeting or procession shall be guilty of the offence of taking part in an unlawful assembly under Chapter IX of the Penal Code and liable to imprisonment for one year. Section 5(12) The organiser of any excluded meeting may request the regulating officer that the police be present at such meeting to ensure the maintenance of peace and order. Section 5(13) A request under subsection (12) shall be in writing and shall be delivered to the regulating officer at least three days before the proposed date of the meeting. Section 5(14) The regulating officer shall keep a public register of all notices received under subsection (2). Section 5(15) Any person may, during working hours, inspect the register kept under subsection (14). [Act No. 10 of 1997 , Sch.]
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PUBLIC GATHERINGS - 6. Prohibition of offensive weapons at public meetings and processions
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People present at public meetings or processions must not have offensive weapons unless acting under lawful authority (e.g., police, fire brigade, public officer, or servant of a local authority).

Section 6. Prohibition of offensive weapons at public meetings and processions Section 6(1) Any person who, while present at any public meeting or on the occasion of any public procession, has with him any offensive weapon, otherwise than in pursuance of lawful authority, shall be guilty of an offence. Section 6(2) For the purposes of this section, a person shall not be deemed to be acting in pursuance of lawful authority unless he is acting in his capacity as a police officer or member of a fire brigade or otherwise in his capacity as a public officer or as a servant of a local authority. [Act No. 53 of 1960 , s. 6.]
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PUBLIC GATHERINGS - 7. Power to prohibit entertainments and sporting events
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Inspector-General may prohibit entertainments and sporting events by notice when serious public disorder is likely; police officers may issue orders and use force to prevent or disperse prohibited events; persons involved who contravene notices or disobey orders commit offences.

Section 7. Power to prohibit entertainments and sporting events Section 7(1) If at any time it appears to the Inspector-General of National Police Service that serious public disorder is likely to arise at or on the occasion of any race- meeting, sporting event or other entertainment of any description, he may, by notice addressed to the promoter, organiser or manager thereof, prohibit the holding or continuance thereof in any area or place or on any particular day. Section 7(2) A notice under subsection (1) of this section shall be served on the person, or one of the persons if more than one, promoting, organising or managing the race-meeting, sporting event or entertainment. Section 7(3) If such race-meeting, sporting event or entertainment is held or continued in contravention of the terms of a notice issued under subsection (1) of this section, any person taking part in the promotion, organisation or management thereof shall be guilty of an offence. Section 7(4) Any police officer may give or issue such orders and use such force as may be necessary to prevent the holding or continuance of a race-meeting, sporting event or other entertainment the holding or continuance of which has been prohibited by a notice issued under subsection (1) of this section and to disperse any gathering of persons thereat. Section 7(5) Any person who neglects or refuses to obey any order given or issued under subsection (4) of this section shall be guilty of an offence. Section 7(6) A certificate under the hand of the Inspector-General of the National Police Service, specifying the terms, and the date and manner of service, of a notice under this section, shall be prima facie evidence thereof in all legal proceedings. [Act No. 53 of 1960 , s. 6, L.N. 402/1963, L.N. 153/1965, Act No. 19 of 2014 , s. 3.]

Part IV

CURFEW ORDERS AND CURFEW RESTRICTION ORDERS

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CURFEW ORDERS AND CURFEW RESTRICTION ORDERS - 8. Curfew orders
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The Cabinet Secretary (with advice) may make curfew orders requiring persons to remain indoors during specified hours unless they hold a written permit; permits can have conditions and holders must carry a light at night; curfew orders must be published and have maximum durations; breaches are offences with fines or imprisonment.

Section 8. Curfew orders Section 8(1) The Cabinet Secretary, on the advice of the Inspector-General of the National Police Service may, if he considers it necessary in the interests of public order so to do, by order (hereinafter referred to as a curfew order) direct that, within such area and during such hours as may be specified in the curfew order, every person, or, as the case may be, every member of any class of persons specified in the curfew order, shall, except under and in accordance with the terms and conditions of a written permit granted by an authority or person specified in the curfew order, remain indoors in the premises at which he normally resides, or at such other premises as may be authorised by or under the curfew order. Section 8(2)(a) It shall be a condition of every permit granted under subsection (1) of this section that the holder thereof shall at all times while acting under the authority thereof during the hours of darkness carry a light visible at a distance of twenty-five feet. Section 8(2)(b) Subject to paragraph (a) of this subsection, a permit under subsection (1) of this section may be granted subject to such conditions, to be specified in the permit, as the authority or person granting it may think fit. Section 8(3) A curfew order shall be published in such manner as the authority making it may think sufficient to bring it to the notice of all persons affected thereby, and shall come into force on such day, being the day of or a day after the making thereof, as may be specified therein, and shall remain in force for the period specified therein or until earlier rescinded by the same authority or by the Cabinet Secretary as hereinafter provided: Provided that no curfew order which imposes a curfew operating during more than ten consecutive hours of daylight shall remain in force for more than three days, and no curfew order which imposes a curfew operating during any lesser number of consecutive hours of daylight shall remain in force for more than seven days. Section 8(4) Deleted by ActNo. 19 of 2014, s. 4(b). Section 8(5) The variation or rescission of a curfew order shall be published in like manner as that provided in subsection (3) of this section for the publication of a curfew order. Section 8(6) Any person who contravenes any of the provisions of a curfew order or any of the terms or conditions of a permit granted to him under subsection (1) of this section shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment. Section 8(7) A certificate under the hand of the authority making, varying or rescinding a curfew order, specifying the terms, and the date and manner of publication, of such order, variation or rescission, shall be prima facie evidence thereof in all legal proceedings. Section 8(8)(i) solely for domestic or defensive purposes within enclosed premises which he lawfully occupied or in which he was lawfully present; or Section 8(8)(ii) with the authority of his employer and solely for domestic or defensive purposes within enclosed premises in the lawful occupation of his employer.
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CURFEW ORDERS AND CURFEW RESTRICTION ORDERS - 9. Curfew restriction orders
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Police officers in charge of a county or police division may make curfew restriction orders prohibiting persons (or classes of persons) from entering, being or remaining in specified premises during specified hours, subject to written permits and exceptions for normal residence and reasonable business hours; curfew orders must be published, reported to the Inspector General, may be varied or rescinded by the Inspector General, remain in force up to twenty-eight days unless rescinded, and contravention is an offence punishable by a fine not exceeding ten thousand shillings or imprisonment not exceeding three months or both.

Section 9. Curfew restriction orders Section 9(1) A police officer in charge of the police in a county or a police officer in charge of a police division may, if he considers it necessary in the interests of public order within the area of his responsibility so to do, by order (hereinafter referred to as a curfew restriction order) prohibit, during such hours as may be specified in the curfew restriction order, all persons, or, as the case may be, all members of any class of persons specified in the curfew restriction order, from entering, being or remaining, except under and in accordance with the terms and conditions of a written permit granted by an authority or person specified in the curfew restriction order, in or at any premises specified in the curfew restriction order: Provided that no person shall, by or in pursuance of a curfew restriction order, be prohibited or prevented from entering, being or remaining in any premises at which he normally resides, or, during reasonable hours of business, work or employment, any premises at which he normally has his place of business, work or employment. Section 9(2) A permit under subsection (1) of this section may be granted subject to such conditions, to be specified in the permit, as the authority or person granting it may think fit. Section 9(3) A curfew restriction order shall be published in such manner as the authority making it may think sufficient to bring it to the notice of all persons affected thereby, and shall come into force on such day, being the day of or a day after the making thereof, as may be specified therein, and shall remain in force for such period, not exceeding twenty-eight days, as may be specified therein or until earlier rescinded by the same authority or by the Cabinet Secretary as hereinafter provided. Section 9(4) Every curfew restriction order shall, forthwith on its being made, be reported to the Inspector General of Police, and the Inspector General of Police may, if he thinks fit, vary or rescind the curfew restriction order. Section 9(5) The variation or rescission of a curfew restriction order shall be published in like manner as that provided in subsection (3) of this section for the publication of a curfew restriction order. Section 9(6) Any person who contravenes any of the provisions of a curfew restriction order or any of the terms or conditions of a permit granted to him under subsection (1) of this section shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment. Section 9(7) A certificate under the hand of the authority making, varying or rescinding a curfew restriction order, specifying the terms, and the date and manner of publication, of such order, variation or rescission, shall be prima facie evidence thereof in all legal proceedings. [Act No. 53 of 1960 , s. 6, L.N. 402/1963, L.N. 153/1965, Act No. 19 of 2014 , s. 5.]

Part V

FLAGS, BANNERS AND EMBLEMS

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FLAGS, BANNERS AND EMBLEMS - 10.[Repealed by ActNo. 10 of 1997, Sch.]
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Section 10 has been repealed.

Section 10.[Repealed by ActNo. 10 of 1997, Sch.]

Part VI

FURTHER PROVISIONS TO SAFEGUARD PUBLIC ORDER

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FURTHER PROVISIONS TO SAFEGUARD PUBLIC ORDER - 11. Possession of offensive weapon in public place
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Persons must not possess offensive weapons in streets or public places without lawful authority or reasonable excuse; the offence is punishable by up to two years' imprisonment or a fine not exceeding one hundred thousand shillings.

Section 11. Possession of offensive weapon in public place Section 11(1) Any person who, without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any street or public place any offensive weapon shall be guilty of an offence and liable to imprisonment for a term not exceeding two years or to a fine not exceeding one hundred thousand shillings, or to both such imprisonment and such fine. Section 11(2) Where any person is convicted of an offence under subsection (1) of this section, the Court may make an order for the forfeiture of any weapon in respect of which the offence was committed. Section 11(3) Every offence under this section shall be cognisable to the police. Section 11(4) In this section, "offensive weapon" means any article made or adapted for use for causing injury to the person, or capable of being so used, or intended by the person having it with him for such use, and includes any panga, simi or similar weapon. Section 11(5)(a) This section shall apply to such areas, and during such hours, as the Cabinet Secretary may, by notice in the Gazette , declare. Section 11(5)(b) A notice under this section may apply the section during different hours in respect of different areas.
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FURTHER PROVISIONS TO SAFEGUARD PUBLIC ORDER - 12.[Repealed by ActNo. 19 of 2014, s. 7.]
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Section 12 has been repealed by ActNo. 19 of 2014, s. 7.

Section 12.[Repealed by ActNo. 19 of 2014, s. 7.]
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FURTHER PROVISIONS TO SAFEGUARD PUBLIC ORDER - 13. Award of compensation to sufferers from misconduct of inhabitants of area declared under section 106 of Cap. 84
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If a declaration under section 106 is in force and loss, injury or death is caused by misconduct of inhabitants, an affected person may, within one month, apply to a magistrate for compensation; the magistrate must assess and order compensation, determine distribution and proportions to be paid by inhabitants, and may apply Commissions of Inquiry Act procedures; monies are recoverable under specified Criminal Procedure Code sections.

Section 13. Award of compensation to sufferers from misconduct of inhabitants of area declared under section 106 of Cap. 84 Section 13(1) If in any area, in regard to which any declaration issued under section 106 of the National Police Service Act (Cap. 84) is in force, death or grievous harm, or loss of or damage to property has been caused by, or has ensued from, the misconduct of the inhabitants of such area, or of any class or section of such inhabitants, any person who claims to have suffered loss, damage or injury by reason of such misconduct may, within one month from the date of such loss, damage or injury, make an application for compensation to a magistrate appointed under the said section or, where no magistrate has been so appointed, to a magistrate having jurisdiction within the district in which the declared area is situated. Section 13(2)(a) assess the amount of compensation, if any, to be paid to such person or persons as he may determine; Section 13(2)(b) determine the manner, and proportions, in which such compensation shall be distributed; Section 13(2)(c) assess the proportions in which such compensation shall be paid by the inhabitants of the declared area; and Section 13(2)(d) order the payment of such compensation: Section 13(2)(i) shall not make any assessment or order under the provisions of this subsection, unless he is of opinion that such loss, damage or injury has arisen from a riot or an unlawful assembly within the declared area, and that the person who suffered such loss, damage or injury was himself free from blame in respect of the events which led to such loss, damage or injury; and Section 13(2)(ii) shall, in making any assessment under paragraph (c) of this subsection, have regard to the means of the persons ordered to pay compensation. Section 13(3)(a) the time and place at which he proposes to hold his inquiry; and Section 13(3)(b) the manner in which any claims for compensation, and any objections thereto and to the payment of compensation, shall be presented to him. Section 13(4) The provisions of sections 9, 10 and 16 of the Commissions of Inquiry Act (Cap. 102) shall apply to the Magistrate and any inquiry held by him in pursuance of this section, as if he had been appointed a commissioner under that Act. Section 13(5) All moneys payable under this section shall be recoverable in the manner provided for the recovery of compensation by sections 173, 334 and 335 of the Criminal Procedure Code (Cap. 75). Section 13(6) If in any civil suit it is proved to the satisfaction of the Court that the plaintiff in such suit has accepted in respect of his claim compensation ordered under subsection (2) of this section to be paid to him, the amount of the compensation shall be taken into account to diminish any damages which he would otherwise receive in that suit. Section 13(7) For the purposes of this section, "inhabitants" means all persons who occupy any building, or part thereof, in the declared area. [Act No. 53 of 1960 , s. 7, Act No. 3 of 1964 , s. 3, Act No. 19 of 1964 , s. 2, Act No. 19 of 2014 , s. 8.]

Part VII

GENERAL

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GENERAL - 14. Restriction on use of force
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The section preserves the lawful right of any person to use force in defence of themselves or property.

Section 14. Restriction on use of force Section 14(1) Whenever in this Act it is provided that force may be used for any purpose, the degree of force which may be so used shall not be greater than is reasonably necessary for that purpose; whenever the circumstances so permit without gravely jeopardising the safety of persons and without grave risk of uncontrollable disorder, firearms shall not be used unless weapons less likely to cause death have previously been used without achieving the purpose aforesaid; and firearms and other weapons likely to cause death or serious bodily injury shall, if used, be used with all due caution and deliberation, and without recklessness or negligence. Section 14(2) Nothing in this section shall derogate from the lawful right of any person to use force in the defence of person or property. [Act No. 53 of 1960 , s. 6.]
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GENERAL - 15. Service of documents
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Documents required by the Act may be served personally or by registered post; for bodies corporate or societies they may be served personally on officers or sent/left at the registered office or place of business.

Section 15. Service of documents Section Where any order, notice or other document is required by or under this Act or any regulations made thereunder to be given to or served on any person, service thereof may be effected either personally on such person or by registered post; and, where the person to be served is a body corporate or a society or other body of persons, service of any such order, notice or document may be effected by serving it personally on any secretary, director or other officer thereof or on any person concerned or acting in the management thereof, or by leaving it or sending it by registered post addressed to the body corporate, society or body of persons at its registered office, or, where there is no registered office, at any place where it carries on business. [Act No. 53 of 1960 , s. 6.]
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GENERAL - 16. Presumption of authenticity of certificates
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Certificates purporting to be signed by the Cabinet Secretary or another specified authority are presumed to have been signed by that person until the contrary is proved.

Section 16. Presumption of authenticity of certificates Section A certificate under any of the provisions of this Act, purporting to be signed by the Cabinet Secretary or by any other authority specified in that behalf in such provision, shall be presumed, until the contrary is proved, to have been signed by such Cabinet Secretary or other authority. [Act No. 53 of 1960 , s. 6.]
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GENERAL - 17. Penalty
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If a person is guilty of an offence under this Act or its regulations for which no special penalty is provided, they are liable to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding six months, or to both.

Section 17. Penalty Section Every person who is guilty of an offence under this Act, or under any regulations made thereunder, in respect of which no special penalty is provided shall be liable to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment. [Act No. 53 of 1960 , s. 6, Act No. 19 of 2014 , s. 9.]
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GENERAL - 18. Offences by corporations, societies, etc.
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Managers and persons in control of a company, body corporate, society, association or body of persons are guilty of offences committed by that entity and liable to punishment unless they can prove lack of knowledge or that they took all reasonable steps to prevent the offence.

Section 18. Offences by corporations, societies, etc. Section Where any offence under this Act or under any regulations made thereunder 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. [Act No. 53 of 1960 , s. 6.]
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GENERAL - 19. Offences to be cognisable; and consent of Director of Public Prosecutions
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All offences under this Act are cognisable to the police.

Section 19. Offences to be cognisable; and consent of Director of Public Prosecutions Section All offences under this Act shall be cognisable to the police; and, where it is provided in this Act that a prosecution for an offence thereunder shall not be instituted without the consent of the Director of Public Prosecutions, a person may be arrested for and charged with such an offence, and may be remanded in custody or on bail, notwithstanding that the consent of the Director of Public Prosecutions to the institution of a prosecution for the offence has not been obtained, but no further or other proceedings shall be taken until such consent has been obtained: Provided that no person shall be arrested for or charged with an offence under section 3 of this Act save with the consent of the Director of Public Prosecutions first had and obtained. [Act No. 53 of 1960 , s. 6, Act No. 19 of 2014 , s. 10.]
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GENERAL - 20. Proof of instigation, lawful authority or excuse
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Makes it an offence for a person to instigate another to do or omit any act or thing, and places the burden of proving lawful or reasonable excuse or lawful authority on the person alleging it; the prosecution is not required to prove the absence of such excuse or authority.

Section 20. Proof of instigation, lawful authority or excuse Section 20(1) Where it is an offence for a person to instigate another to do or omit to do any act or thing, it is immaterial whether or not the instigation succeeds in its purpose. Section 20(2) For the avoidance of doubt, it is hereby declared that the burden of proving lawful or reasonable excuse or lawful authority shall be upon the person alleging the same, and accordingly in any proceedings for an offence under this Act or any regulations made thereunder it shall not be incumbent on the prosecution to prove the lack of any such excuse or authority. [Act No. 53 of 1960 , s. 6.]
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GENERAL - 21. Jurisdiction
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A Senior Resident Magistrate, or a Resident Magistrate granted the power by Gazette notice, may pass any sentence authorised for the offence except imprisonment exceeding ten years.

Section 21. Jurisdiction Section if presided over by a Senior Resident Magistrate, or by any Resident Magistrate upon whom such power has, by notice in the Gazette , been conferred, may pass any sentence authorised for such offence other than a sentence of imprisonment for a term exceeding ten years;
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GENERAL - 22. Regulations
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The Cabinet Secretary may make regulations under this Act and may prescribe penalties for breaches up to the penalties specified in section 17.

Section 22. Regulations Section 22(1) The Cabinet Secretary may make regulations prescribing anything which may be prescribed under this Act, and generally to give effect to the provisions of this Act. Section 22(2) Notwithstanding the provisions of paragraph (e) of section 31 of the Interpretation and General Provisions Act ( Cap. 2 ), regulations under this section may prescribe such penalties as the Cabinet Secretary may think fit for the contravention thereof, not exceeding, however, the penalties specified in section 17 of this Act. [Act No. 53 of 1960 , s. 6.]

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