Paged Penal Code Cap. 63 - Kenya Law Reports

1 LAWS OF Kenya . Penal code . CHAPTER 63. Revised Edition 2012 [2010]. Published by the National Council for Law Reporting with the Authority of the Attorney-General [Rev. 2012] CAP. 63. Penal code CHAPTER 63. Penal code . ARRANGEMENT OF SECTIONS. PART I GENERAL PROVISIONS. CHAPTER I PRELIMINARY. Section 1. Short title. 2. Saving. CHAPTER II INTERPRETATION. 3. Deleted. 4. Interpretation. CHAPTER III TERRITORIAL APPLICATION OF code . 5. Jurisdiction of local courts. 6. Offences committed partly within and partly beyond the jurisdiction.

2 CHAPTER IV GENERAL RULES AS TO CRIMINAL RESPONSIBILITY. 7. Ignorance of law. 8. Bona fide claim of right. 9. Intention and motive. 10. Mistake of fact. 11. Presumption of sanity. 12. Insanity. 13. Intoxication. 14. Immature age. 15. Judicial officers. 16. Compulsion. 17. Defence of person or property. 18. Use of force in effecting arrest. 19. Compulsion by husband. CHAPTER V PARTIES TO OFFENCES. 20. Principal offenders. 21. Joint offenders in prosecution of common purpose. 22. Counselling another to commit offence. 23. Offences by corporations, societies, etc.

3 CHAPTER VI PUNISHMENTS. 24. Different kinds of punishments. 25. Sentence of death. 26. Imprisonment. 26A. Recommendation for removal from Kenya . 27. Deleted. 3 [Issue 1]. CAP. 63 [Rev. 2012]. Penal code Section 28. Fines. 29. Forfeiture. 30. Suspension or forfeiture of right to carry on business. 31. Compensation. 32. Costs. 33. Security for keeping the peace. 34. Recognizances. 35. Absolute and conditional discharge. 36. General punishment for misdemeanours. 37. Sentences when cumulative. 38. Sentence on escaped convict. 39. Cancellation or suspension of certificate of competency.

4 PART II CRIMES. Division I Offences against Public Order CHAPTER VII TREASON AND ALLIED OFFENCES. 40. Treason. 41. Deleted. 42. Concealment of treason. 43. Treasonable felony. 43A. Treachery. 44. Promoting warlike undertaking. 45. Provisions as to trial for treason, etc. 46. Dissuasion from enlistment. 47. Inciting to mutiny. 48. Aiding, etc., to mutiny, or inciting sedition or disobedience. 49. Inducing desertion. 50. Aiding prisoners of war to escape. 51. Definition of overt act. 52. Power to prohibit publications. 53. Penalty for prohibited publications.

5 54. Seizure and disposal of prohibited publications. 55. Deleted. 56. Deleted. 57. Deleted. 58. Deleted. 59. unlawful oaths to commit capital offences. 60. Administration of unlawful oaths to commit capital offences. 61. unlawful oaths to commit other offences. 62. Compelling another person to take an oath. 63. Compulsion, how far a defence. 64. Presence at oath administration. 65 unlawful drilling. 66. Alarming publications. [Issue 1] 4. [Rev. 2012] CAP. 63. Penal code CHAPTER VIII OFFENCES AFFECTING RELATIONS WITH FOREIGN STATES.

6 AND EXTERNAL TRANQUILITY. Section 67. Defamation of foreign princes. 68. Foreign enlistment. 69. Deleted. CHAPTER IX unlawful ASSEMBLIES, RIOTS AND OTHER OFFENCES. AGAINST PUBLIC TRANQUILITY. 70. Deleted. 71. Deleted. 72. Deleted. 73. Deleted. 74. Deleted. 75. Deleted. 76. Deleted. 77. Subversive activities. 78. Definition of unlawful assembly and riot. 79. Punishment of unlawful assembly. 80. Punishment of riot. 81. Proclamation for rioters to disperse. 82. Dispersal of rioters after proclamation. 83. Rioting after proclamation.

7 84. Preventing or obstructing proclamation. 85. Rioters demolishing buildings, etc. 86. Rioters injuring buildings, machinery, etc. 87. Riotously interfering with railway, vehicle or vessel. 88. Going armed in public. 89. Possession of firearms, etc. 90. Forcible entry. 91. Forcible detainer. 92. Affray. 93. Challenge to duel. 94. Offensive conduct conducive to breaches of the peace. 95. Threatening breach of the peace or violence. 96. Incitement to violence and disobedience of the law. 97. Assembling for smuggling. 98. Wrongfully inducing a boycott.

8 Division II Offences against the Administration of Lawful Authority CHAPTER X ABUSE OF OFFICE. 99. Officers charged with administration of property of a special character or with special duties. 100. False claims by person employed in the public service. 101. Abuse of office. 102. False certificates by public officers. 5 [Issue 1]. CAP. 63 [Rev. 2012]. Penal code Section 102A. Penalties. 103. Unauthorized administration of oaths. 104. False assumption of authority. 105. Personating persons employed in the public service. 106. Threat of injury to persons employed in public service.

9 107. Tampering with public officers, etc. CHAPTER XI OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE. 108. Perjury and subornation of perjury. 109. False statements by interpreters. 110. Punishment of perjury and subornation of perjury. 111. Evidence of perjury or subornation of perjury. 112 Contradictory statements. 112A. Malicious information. 113. Fabricating evidence. 114. False swearing. 115. Deceiving witnesses. 116. Destroying evidence. 117. Conspiracy to defeat justice and interference with witnesses. 118. Compounding felonies.

10 119. Compounding Penal actions. 120. Advertisements for stolen property. 121. Offences relating to judicial proceedings. CHAPTER XII RESCUES AND ESCAPES AND OBSTRUCTING OFFICERS OF. COURT. 122. Rescue. 122A. Senior Police Officer may order DNA sampling procedure on suspect. 122B. Suspect to comply with order. 122C. Suspect may volunteer. 122D. Order or consent to be proven. 123. Escape. 124. Aiding escape. 125. Removal, etc., of property under lawful seizure. 126. Obstructing court officers. CHAPTER XIII MISCELLANEOUS OFFENCES AGAINST PUBLIC AUTHORITY.