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. 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.

2 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. 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.

3 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. 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.

4 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. 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. 84. Preventing or obstructing proclamation.

5 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. 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.

6 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. 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. 119. Compounding Penal actions.

7 120. 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. 127. Frauds and breaches of trust by persons employed in the public service. 128. Neglect of official duty. 129. False information to person employed in the public service. 130. Disobedience of statutory duty. 131. Disobedience of lawful orders. 132. Undermining authority of public officer. 133. Destruction, etc.

8 , of statutory documents. [Issue 1] 6. [Rev. 2012] CAP. 63. Penal code Division III Offences Injurious to the Public in General CHAPTER XIV OFFENCES RELATING TO RELIGION. Section 134. Insult to religion. 135. Disturbing religious assemblies. 136. Trespassing on burial places. 137. Hindering burial of dead body, etc. 138. Writing or uttering words with intent to wound religious feelings. CHAPTER XV OFFENCES AGAINST MORALITY. 139. Deleted. 140. Deleted. 141. Deleted. 142. Deleted. 143. Deleted. 144. Deleted. 145. Deleted. 146. Defilement of idiots or imbeciles. 147. Deleted. 148. Deleted. 149. Deleted. 150. Deleted. 151. Detention of females for immoral purposes. 152. Power of search for detained females. 153. Male person living on earnings of prostitution or soliciting. 154. Woman living on earnings of prostitution or aiding, etc.

9 , prostitution. 155. Premises used for prostitution. 156. Brothels. 157. Conspiracy to defile. 158. Attempts to procure abortion. 159. The like by woman with child. 160. Supplying drugs or instruments to procure abortion. 161. Deleted. 162. Unnatural offences. 163. Attempt to commit unnatural offences. 164. Deleted. 165. Indecent practices between males. 166. Deleted. 167. Deleted. 168. Deleted. 169. Deleted. CHAPTER XVI OFFENCES RELATING TO MARRIAGE AND DOMESTIC. OBLIGATIONS. 170. Deleted. 171. Bigamy. 7 [Issue 1]. CAP. 63 [Rev. 2012]. Penal code Section 172. Marriage with dishonest or fraudulent intent. 173. Master not providing for servants or apprentices. 174. Child stealing. CHAPTER XVII NUISANCES AND OFFENCES AGAINST HEALTH AND. CONVENIENCE. 175. Common nuisance. 176. Deleted. 177. Deleted. 178. Deleted. 179.

10 Deleted. 180. Deleted. 181. Traffic in obscene publications. 182. Idle and disorderly persons. 183. Deleted. 184. Unauthorized uniforms. 185. Wearing uniforms declared to be for exclusive use. 186. Spreading infection. 187. Deleted. 188. Deleted. 189. Deleted. 190. Deleted. 191. Fouling water. 192. Fouling air. 193. Offensive trades. CHAPTER XVIII DEFAMATION. 194. Definition of libel. 195. Definition of defamatory matter. 196. Definition of publication. 197. Definition of unlawful publication. 198. Cases in which publication of defamatory matter is absolutely privileged. 199. Cases in which publication of defamatory matter is conditionally privileged. 200. Explanation as to good faith. 201. Deleted. Division IV Offences against the Person CHAPTER XIX MURDER AND MANSLAUGHTER. 202. Manslaughter. 203. Murder. 204. Punishment of murder.