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
www.kenyalaw.org
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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.
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.

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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.

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.
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.

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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.
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.

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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.
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., of statutory documents.

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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., 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.

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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. 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.
205. Punishment of manslaughter.
206. Malice aforethought.
207. Killing on provocation.
208. Provocation defined.
209. Suicide pacts.

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210. Infanticide.
211. Sentence of death not to be passed on pregnant woman.
212. Procedure where woman convicted of capital offences alleges she is pregnant.
213. Causing death defined.
214. When child deemed to be a person.
215. Limitation as to time of death.

CHAPTER XX – DUTIES RELATING TO THE PRESERVATION OF LIFE AND

HEALTH
216. Responsibility of person who has charge of another.
217. Duty of masters.
218. Duty of persons doing dangerous acts.
219. Duty of persons in charge of dangerous things.

CHAPTER XXI – OFFENCES CONNECTED WITH MURDER AND SUICIDE

220. Attempt to murder.
221. Attempt to murder by convict.
222. Accessory after the fact to murder.
223. Threats to kill.
224. Conspiracy to murder.
225. Aiding suicide.
226. Attempting suicide.
227. Concealing birth.
228. Killing unborn child.

CHAPTER XXII – OFFENCES ENDANGERING LIFE AND HEALTH

229. Disabling in order to commit felony or misdemeanour.
230. Stupefying in order to commit felony or misdemeanour.
231. Acts intended to cause grievous harm or to prevent arrest.
232. Preventing escape from wreck.
233. Intentionally endangering safety of persons travelling by railway.
234. Grievous harm.
235. Attempting to injure by explosive substances.
236. Maliciously administering poison with intent to harm.
237. Unlawful wounding or poisoning.
238. Intimidation and molestation.
239. Failure to supply necessaries.
240. Surgical operation.
241. Excess of force.
242. Consent.
242A. Supply of harmful substances to children.

CHAPTER XXIII – CRIMINAL RECKLESSNESS AND NEGLIGENCE

243. Reckless and negligent acts.
244. Other negligent acts causing harm.
245. Dealing in poisonous substances in negligent manner.
246. Endangering safety of persons traveling by railway.

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247. Exhibition of false light, mark or buoy.
248. Conveying person by water for hire in unsafe or overloaded vessel.
249. Danger or obstruction in public way or line of navigation.

CHAPTER XXIV – ASSAULTS

250. Common assault.
251. Assaults causing actual bodily harm.
252. Assaults on persons protecting wreck.
253. Other assaults.

CHAPTER XXV – OFFENCES AGAINST LIBERTY

254. Definition of kidnapping from Kenya.
255. Definition of kidnapping from lawful guardianship.
256. Definition of abduction.
257. Punishment for kidnapping.
258. Kidnapping or abducting in order to murder.
259. Kidnapping or abducting with intent to confine.
260. Kidnapping or abducting in order to subject to grievous harm, slavery, etc.
261. Wrongfully concealing or keeping in confinement kidnapped or abducted person.
262. Kidnapping or abducting child under fourteen years with intent to steal from its
person.
263. Punishment for wrongful confinement.
264. Deleted.
265. Deleted.
266. Unlawful compulsory labour.
266A. Offences Under Part.

Division V – Offences relating to Property

CHAPTER XXVI – THEFT

267. Things capable of being stolen.
268. Definition of stealing.
269. Special cases.
270. Funds, etc., held under direction.
271. Funds, etc., received by agents for sale.
272. Money received for another.
273. Theft by person having an interest in the thing stolen.
274. Husband and wife.
275. General punishment for theft.
276. Stealing wills.
277. Stealing postal matter, etc.
278. Stealing stock.
278A Stealing motor vehicle.
278B. Stealing fishing gear.
279. Stealing from the person; stealing goods in transit, etc.
280. Stealing by persons in the public service.
281. Stealing by clerks and servants.

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282. Stealing by directors or officers of companies.
283. Stealing by agents, etc.
284. Stealing by tenants or lodgers.
285. Stealing after previous conviction.

CHAPTER XXVII – OFFENCES ALLIED TO STEALING

286. Concealing registers.
287. Concealing wills.
288. Concealing deeds.
289. Killing animals with intent to steal.
290. Severing with intent to steal.
291. Fraudulent disposition of mortgaged goods.
292. Fraudulently dealing with minerals in mines.
293. Fraudulent appropriation of power.
294. Unlawful use of vehicles, animals, etc.

CHAPTER XXVIII – ROBBERY AND EXTORTION

295. Definition of robbery.
296. Punishment of robbery.
297. Attempted robbery.
298. Assault with intent to steal.
299. Demanding property by written threats.
300. Attempts at extortion by threats.
301. Procuring execution of deeds, etc., by threats.
302. Demanding property with menaces.

CHAPTER XXIX – BURGLARY, HOUSEBREAKING AND SIMILAR OFFENCES

303. Definition of breaking and entering.
304. Housebreaking and burglary.
305. Entering dwelling-house with intent to commit felony.
306. Breaking into building and committing felony.
307. Breaking into building with intent to commit felony.
308. Preparations to commit felony.
309. Deleted.
310. Forfeiture of housebreaking instruments.
311. Forfeiture of aircraft, vessel or vehicle, and penalty for interfering with aircraft,
vessel or vehicle when detained.

CHAPTER XXX – FALSE PRETENCES

312. Definition of false pretence.
313. Obtaining by false pretences.
314. Obtaining execution of a security by false pretences.
315. Cheating.
316. Obtaining credit, etc., by false pretences.
316A. Bad cheques.
316B. Certain felonies by banks or other institutions.
317. Conspiracy to defraud.

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318. Frauds on sale or mortgage of property.
319. Fortune-telling.
320. Obtaining registration, etc., by false pretence.
321. False declaration for passport.

CHAPTER XXXI – HANDLING PROPERTY STOLEN OR

UNLAWFULLY OBTAINED AND LIKE OFFENCES

322. Handling stolen goods.
323. Person suspected of having or conveying stolen property.
324. Marking and possession of public stores.
325. Tracing possession.
326. Receiving goods stolen outside Kenya.

CHAPTER XXXII – FRAUDS BY TRUSTEES AND PERSONS IN A POSITION OF

TRUST, AND FALSE ACCOUNTING
327. Fraudulent disposal of trust property.
328. Fraudulent appropriation or accounting by directors or officers.
329. False statements by officials of companies.
330. Fraudulent false accounting by clerk or servant.
331. False accounting by public officer.

Division VI – Malicious Injuries to Property

CHAPTER XXXIII – OFFENCES CAUSING INJURY TO PROPERTY

332. Arson.
333. Attempts to commit arson.
334. Setting fire to crops, etc.
335. Attempting to set fire to crops, etc.
336. Casting away vessels.
337. Attempts to cast away vessels.
338. Injuring animals.
339. Malicious injuries to property.
340. Attempts to destroy property by explosives.
341. Communicating infectious diseases to animals.
342. Penalties for damage, etc., to railway works.
343. Sabotage.
344. Threats to burn, etc.

Division VII – Forgery, Coining, Counterfeiting and similar Offences

CHAPTER XXXIV – DEFINITIONS

345. Definition of forgery.
346. Document.
347. Making a false document.
348. Intent to defraud.

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CHAPTER XXXV – PUNISHMENT FOR FORGERY

Section
349. General punishment for forgery.
350. Forgery of wills, etc.
351. Forgery of judicial or official document.
352. Forgery of, and other offences in relation to, stamps.
353. Uttering false documents.
354. Uttering cancelled or exhausted documents.
355. Procuring execution of documents by false pretences.
356. Altering crossings on cheques.
357. Making documents without authority.
358. Demanding property upon forged testamentary instruments.
359. Purchasing forged notes.
360. Falsifying warrants for money payable under public authority.
361. Falsification of register.
362. Sending false certificate of marriage to registrar.
363. False statements for registers of births, deaths and marriages.

CHAPTER XXXVI – OFFENCES RELATING TO COIN AND BANK AND

CURRENCY NOTES
364. Definitions.
365. Counterfeiting coin.
366. Preparations for coining.
367. Making or having in possession paper or implements for forgery.
367A. Mutilating currency notes.
368. Clipping.
369. Melting down of currency.
370. Impounding and destruction of counterfeit coins.
371. Possession of clippings.
372. Uttering counterfeit coin.
373. Repeated uttering.
374. Uttering metal or coin not current as coin.
375. Exporting counterfeit coin.
376. Selling articles bearing designs in imitation of currency.
377. Forfeiture.

CHAPTER XXXVII – COUNTERFEIT STAMPS

378. Possession of die used for making stamps.
379. Paper and dies for postage stamps.

CHAPTER XXXVIII – COUNTERFEITING TRADE MARKS

380. Trade marks defined.
381. Counterfeiting trade marks.

CHAPTER XXXIX – PERSONATION

382. Personation in general.
383. Falsely acknowledging deeds, recognizances, etc.
384. Personation of a person named in a certificate.

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385. Lending, etc., certificate for personation.
386. Personation of person named in testimonial.
387. Lending, etc., testimonial for personation.

Division Viii – Attempts and Conspiracies to Commit Crimes and Accessories after
the Fact
CHAPTER XL – ATTEMPTS
388. Attempt defined.
389. Attempts to commit offences.
390. Deleted.
391. Soliciting or inciting others to commit offence.
392. Neglect to prevent felony.

CHAPTER XLI – CONSPIRACIES

393. Conspiracy to commit felony.
394. Conspiracy to commit misdemeanour.
395. Other conspiracies.

CHAPTER XLII – ACCESSORIES AFTER THE FACT

396. Definition of accessories after the fact.
397. Punishment of accessories after the fact to felonies.
398. Punishment of accessories after the fact to misdemeanours.

(Index follows at p.115)

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CHAPTER 63

PENAL CODE

[Date of commencement: 1st August, 1930.]

An Act of Parliament to establish a code of criminal law

[Cap. 24 (1948), Act No. 81 of 1948, Act No. 28 of 1950, Act No. 50 of 1950, Act No. 42 of 1951,
Act No. 7 of 1952, Act No. 40 of 1952, Act No. 53 of 1952, Act No. 12 of 1955, Act No. 20 of 1955,
Act No. 52 of 1955, Act No. 33 of 1956, L.N. 299/1956, L.N 300/1956, Act No. 26 of 1957,
Act No. 32 of 1958, Act No. 22 of 1959, Act No. 45 of 1960, Act No. 54 of 1960, L.N. 172/1960,
L.N. 173/1960, Act No. 11 of 1961, Act No. 14 of 1961, Act No. 25 of 1961, L.N. 551/1961,
Act No. 27 of 1962, Act No. 36 of 1962, Act No. 44 of 1962, Act No. 48 of 1962, L.N. 559/1962,
Act No. 8 of 1963, Act No. 46 of 1963, L.N. 427/1963, L.N. 761/1963, Act No. 1 of 1964,
Act No. 19 of 1964, Act No. 37 of 1964, L.N. 124/1964, L.N. 236/1964, Act No. 3 of 1965,
Act No. 8 of 1965, Act No. 9 of 1966, Act No. 15 of 1966, Act No. 21 of 1966, Act No. 24 of 1967,
Act No. 4 of 1968, Act No. 8 of 1968, Act No. 24 of 1968, Act No. 38 of 1968, Act No. 61 of 1968,
Act No. 3 of 1969, Act No. 10 of 1969, Act No. 25 of 1971, Act No. 1 of 1973, Act No. 4 of 1973,
Act No. 9 of 1976, Act No. 16 of 1977, Act No. 13 of 1978, Act No. 13 of 1982, Act No. 11 of 1983,
Act No. 19 of 1984, Act No. 18 of 1986, Act No. 22 of 1987, Act No. 5 of 1989, Act No. 21 of 1990,
Act No. 14 of 1991, Act No. 11 of 1993, Act No. 4 of 1994, Act No. 10 of 1997, Act No. 10 of 1998,
Act No. 5 of 2003, Act No. 4 of 2004, Act No. 3 of 2006, Act No. 10 of 2006, Act No. 7 of 2007,
Act No. 1 of 2009, Act No. 8 of 2010. Act No. 12 of 2012.]

PART I – GENERAL PROVISIONS

CHAPTER I – PRELIMINARY
1. Short title
This Act may be cited as the Penal Code and is hereinafter referred to as this
Code.

2. Saving
Except as hereinafter expressly provided nothing in this Code shall affect—
(a) 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
(b) the liability of a person to be tried or punished under any law in force
in Kenya relating to the jurisdiction of the courts of Kenya for an
offence in respect of an act done beyond the ordinary jurisdiction of
such courts; or
(c) the power of any court to punish a person for contempt of such
court; or
(d) the liability or trial of a person, or the punishment of a person under
any sentence passed or to be passed, in respect of any act done or
commenced before the commencement of this Code; or
(e) any power of the President to grant any pardon or to remit or
commute in whole or in part or to respite the execution of any
sentence passed or to be passed; or
(f) any written law, Articles or Standing Orders for the time being in
force for the government of the disciplined forces or the police force:

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Provided that, if a person does an act which is punishable under this Code
and is also punishable under another written law of any of the kinds mentioned in
this section, he shall not be punished for that act both under that written law and
also under this Code.
[L.N. 124/1964, Act No. 24 of 1967, Sch.]

CHAPTER II – INTERPRETATION

3. Deleted by Act No 5 of 2003, s. 2.

4. Interpretation
In this Code, unless the context otherwise requires—
“Act” includes any order, rules or regulations made under any Act;
“court” means a court of competent jurisdiction;
“dangerous harm” means harm endangering life;
“disciplined forces” means the armed forces or the National Youth
Service;
“dwelling-house” includes any building or structure or part of a building
or structure which is for the time being kept by the owner or occupier for the
residence therein of himself, his family or his servants or any of them, and it is
immaterial that it is from time to time uninhabited; a building or structure
adjacent to or occupied with a dwelling-house is deemed to be part of the
dwelling-house if there is a communication between such building or structure
and the dwelling-house, either immediate or by means of a covered and
enclosed passage leading from the one to the other, but not otherwise;
“electronic record” means a record generated in digital form by an
information system which can be transmitted within an information system or
from one information system to another, and stored in an information system
or other medium;
“felony” means an offence which is declared by law to be a felony or, if
not declared to be a misdemeanour, is punishable, without proof of previous
conviction, with death, or with imprisonment for three years or more;
“Government” deleted by Act No. 24 of 1967, Sch;
“Government of kenya” deleted by Act No. 24 of 1967, Sch;
“grievous harm” means any harm which amounts to a maim or
dangerous harm, or seriously or permanently injures health, or which is likely
so to injure health, or which extends to permanent disfigurement, or to any
permanent or serious injury to any external or internal organ, membrane or
sense;
“harm” means any bodily hurt, disease or disorder whether permanent or
temporary;
“judicial proceeding” includes any proceeding had or taken in or before
any court, tribunal, commission of inquiry or person in which evidence may be
taken on oath;

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“knowingly”, used in connexion with any term denoting uttering or using,

implies knowledge of the character of the thing uttered or used;
“local authority” deleted by Act No. 24 of 1967, Sch.
“maim” means the destruction or permanent disabling of any external or
internal organ, member or sense;
“misdemeanour” means any offence which is not a felony;
“money” includes bank notes, currency notes, bank drafts, cheques and
any other orders, warrants or requests for the payment of money;
“night” or “night-time” means the interval between half-past six o’clock
in the evening and half-past six o’clock in the morning;
“oath” includes affirmation or declaration;
“offence” means an act, attempt or omission punishable by law;
“person employed in the public service” means any person holding, or
performing with authority the duties of, any of the following offices (whether as
principal or as deputy, and whether such service is permanent or temporary,
paid or unpaid)—
(a) any office the holder of which is appointed or removed by the
President or by any public commission;
(b) any office the holder of which is appointed, elected or otherwise
selected in pursuance of some written law;
(c) any office the holder of which is appointed by any person or persons
holding, or performing with authority the duties of, an office of one of
the kinds specified in paragraph (a) or paragraph (b),
and, without prejudice to the generality of the foregoing, includes—
(i) an arbitrator or umpire in any proceeding or matter submitted
to arbitration by order or with the sanction of any court or in
pursuance of some written law;
(ii) every member of a Commission of Inquiry or of a tribunal
appointed or selected in pursuance of some written law;
(iii) any person in the service of the disciplined forces;
(iv) any person in the employment of the Government, the
Community or any local authority;
(v) any person employed to execute any process of a court;
(vi) any person acting as a minister of religion, in respect of the
exercise by him of any functions relating to the notification of
intending marriage, or the solemnization of marriage, or the
making or keeping of any register or certificate of marriage,
birth, baptism, death or burial, but not in any other respect;
“police force” includes the Force defined in section 2 of the Police Act
(Cap. 84), and the Administration Police Force established under the
Administration Police Act (Cap. 85); and “police officer” shall be construed
accordingly;

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“possession”—
(a) “be in possession of” or “have in possession” includes not only
having in one’s own personal possession, but also knowingly having
anything in the actual possession or custody of any other person, or
having anything in any place (whether belonging to or occupied by
oneself or not) for the use or benefit of oneself or of any other
person;
(b) if there are two or more persons and any one or more of them with
the knowledge and consent of the rest has or have anything in his or
their custody or possession, it shall be deemed and taken to be in
the custody and possession of each and all of them;
“premises” includes any land, any building and any other place
whatsoever;
“print” means to produce or reproduce words or pictures in visible form by
printing, writing, typewriting, duplicating, cyclostyling, lithography,
photography or any other means of representing the same in visible form;
“prohibited publication” means any publication the importation of which
has been prohibited under section 52, and any part, copy or reproduction of
any such publication;
“property” includes any description of movable or immovable property,
money, debts and legacies, and all deeds and instruments relating to or
evidencing the title or right to any property, or giving a right to recover or
receive any money or goods, and also includes not only such property as has
been originally in the possession or under the control of any person, but also
any property into or for which the same has been converted or exchanged,
and anything acquired by such conversion or exchange, whether immediately
or otherwise;
“public” refers, not only to all persons within Kenya, but also to the
persons inhabiting or using any particular place, or any number of such
persons, and also to such indeterminate persons as may happen to be
affected by the conduct in respect to which such expression is used;
“public place” or “public premises” includes any public way and any
building, place or conveyance to which, for the time being, the public are
entitled or permitted to have access either without any condition or upon
condition of making any payment, and any building or place which is for the
time being used for any public or religious meetings or assembly or as an
open court;
“public way” includes any highway, market place, square, street, bridge
or other way which is lawfully used by the public;
“publicly”, when applied to acts done, means either—
(a) that they are so done in any public place as to be seen by any
person whether such person be or be not in a public place; or
(b) that they are so done in any place not being a public place as to be
likely to be seen by any person in a public place;
“statute” deleted by Act No. 24 of 1967, Sch.

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“unlawful society” means any unlawful society within the meaning of

section 4(1) of the Societies Act (Cap. 108);
“utter” means and includes using or dealing with and attempting to use or
deal with and attempting to induce any person to use, deal with, or act upon
the thing in question;
“valuable security” includes any document which is the property of any
person, and which is evidence of the ownership of any property or of the right
to recover or receive any property;
“vessel” includes any ship, a boat and every other kind of vessel used in
navigation either on the sea or in inland waters and includes aircraft;
“wound” means any incision or puncture which divides or pierces any
exterior membrane of the body, and any membrane is exterior for the purpose
of this definition which can be touched without dividing or piercing any other
membrane;
“written law” means the Constitution, any Act of Parliament of Kenya, or
any applied Act, and includes any orders, rules, regulations, by-laws or other
subsidiary legislation made under any written law.
[Act No. 42 of 1951, s. 2, Act No. 54 of 1960, s. 2, L.N.427/1963, L.N.124/1964, Act No. 24 of 1967,
Sch., Act No. 1 of 2009, 6th Sch.]

CHAPTER III – TERRITORIAL APPLICATION OF CODE

5. Jurisdiction of local courts

The jurisdiction of the courts of Kenya for the purposes of this Code extends
to every place within Kenya, including territorial waters.
[Act No. 24 of 1967, Sch.]

6. Offences committed partly within and partly beyond the jurisdiction

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.

CHAPTER IV – GENERAL RULES AS TO CRIMINAL RESPONSIBILITY

7. Ignorance of law
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.

8. Bona fide claim of right

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.

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9. Intention and motive

(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.

(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.

(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.

10. Mistake of fact

(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.

(2) The operation of this section may be excluded by the express or implied
provisions of the law relating to the subject.

11. Presumption of sanity

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.

12. Insanity

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.

13. Intoxication

(1) Save as provided in this section, intoxication shall not constitute a

defence to any criminal charge.

(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—
(a) the state of intoxication was caused without his consent by the
malicious or negligent act of another person; or
(b) the person charged was by reason of intoxication insane,
temporarily or otherwise, at the time of such act or omission.

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(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.
(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.
(5) For the purpose of this section, “intoxication” includes a state produced by
narcotics or drugs.

14. Immature age

(1) A person under the age of eight years is not criminally responsible for any
act or omission.
(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.
(3) A male person under the age of twelve years is presumed to be incapable
of having carnal knowledge.
[Act No. 8 of 1963, s. 81.]

15. Judicial officers

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.

16. Compulsion
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.
[Act No. 54 of 1960, s. 3, Act No. 8 of 1963, s. 81, Act No. 19 of 1964, s. 2.]

17. Defence of person or property

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.

18. Use of force in effecting arrest

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

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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.

19. Compulsion by husband

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.

CHAPTER V – PARTIES TO OFFENCES

20. Principal offenders
(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—
(a) every person who actually does the act or makes the omission
which constitutes the offence;
(b) every person who does or omits to do any act for the purpose of
enabling or aiding another person to commit the offence;
(c) every person who aids or abets another person in committing the
offence;
(d) any person who counsels or procures any other person to commit
the offence,
and in the last-mentioned case he may be charged either with committing the
offence or with counselling or procuring its commission.
(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.
(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.

21. Joint offenders in prosecution of common purpose

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.

22. Counselling another to commit offence

(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

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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.
(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.

23. Offences by corporations, societies, etc.

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.
[Act No. 54 of 1960, s. 5.]

CHAPTER VI – PUNISHMENTS
24. Different kinds of punishments
The following punishments may be inflicted by a court—
(a) death;
(b) imprisonment or, where the court so determines under the
Community Service Orders Act, 1998, community service under a
community service order;
(c) detention under the Detention Camps Act;
(d) Deleted by Act No. 5 of 2003, s. 3;
(e) fine;
(f) forfeiture;
(g) payment of compensation;
(h) finding security to keep the peace and be of good behaviour;
(i) any other punishment provided by this Code or by any other Act.
[Act No. 10 of 1998, s. 14, Act No. 5 of 2003, s. 3.]

25. Sentence of death

(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.
(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 Minister and to the Permanent Secretary of the Ministry for the time being
responsible for prisons (L.N. 579/ 1963).

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(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.
[Act No. 53 of 1952, s. 2, Act No. 36 of 1962, Sch., L.N. 124 / 1964, Act No. 21 of 1966, 2nd Sch.]

26. Imprisonment
(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.
(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.
(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—
(i) where the law concerned provides for a minimum sentence of
imprisonment, a fine shall not be substituted for imprisonment;
(ii) Deleted by Act No. 5 of 2003, s. 4..
[Act No. 3 of 1969, s. 2, Act No. 5 of 2003, s. 4.]

26A. Recommendation for removal from Kenya

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 Commissioner of
Police and the Commissioner 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
Minister for the time being responsible for immigration that an order for removal
from Kenya be made in accordance with section 8 of the Immigration Act.
[Act No. 24 of 1967, Sch., Act No. 19 of 1984, Sch., Cap. 172.]

27. Deleted by Act No. 5 of 2003, s. 5.

28. Fines
(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—
(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;
(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;

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(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—
(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
(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:
Provided that if the sentence directs that in default of payment of the fine
the offender shall be imprisoned, and if such offender has undergone the whole
of such imprisonment in default, no court shall issue a distress warrant unless for
special reasons to be recorded in writing it considers it necessary to do so.
(2) In the absence of express provisions in any written law relating thereto,
the term of imprisonment or detention under the Detention Camps Act (Cap. 91)
ordered by a court in respect of the non-payment of any sum adjudged to be paid
for costs under section 32 or compensation under section 31 or 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—
Amount Maximum period
Not exceeding Sh. 500 ......................................................... 14 days
Exceeding Sh. 500 but not exceeding Sh. 2,500 ................. 1 month
Exceeding Sh. 2,500 but not exceeding Sh. 15,000 ............ 3 months
Exceeding Sh. 15,000 but not exceeding Sh.50,000 ........... 6 months
Exceeding Sh. 50,000 .......................................................... 12 months
(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.
[Act No. 24 of 1967, Sch., Act No. 11 of 1983, Sch., Act No. 5 of 2003, s. 6.]

29. Forfeiture
(1) When any person is convicted of an offence under any of the following
sections, namely, sections 118 and 119, 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.
(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.
[Act No. 33 of 1956, s. 13, L.N. 299/1956, L.N. 172/1960, Act No. 24 of 1967, Sch.]

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30. Suspension or forfeiture of right to carry on business

(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.
(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.
[Act No. 40 of 1952, s. 2.]

31. Compensation
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.
32. Costs
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.
33. Security for keeping the peace
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.
34. Recognizances
(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.
(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.
(3) The provisions of sections 128, 129 and 131 of the Criminal Procedure
Code (Cap. 75) shall apply mutatis mutandis to recognizances taken under
section 33 of this Code.
[Act No. 22 of 1959, s. 30(2).]

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35. Absolute and conditional discharge

(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.
(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.
(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 under section 31.
[Act No. 54 of 1960, s. 8.]

36. General punishment for misdemeanours

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.

37. Sentences when cumulative

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) of
section 28 or of any part thereof.
[Act No. 5 of 2003, s. 7.]

38. Sentence on escaped convict

When sentence is passed under this Code on an escaped convict, that
sentence—
(a) if of death, or fine, shall, subject to the provisions of this Code, take
effect immediately;
(b) if of imprisonment, shall run consecutively or concurrently, as the
court shall order, with the unexpired portion of the sentence which
the convict was undergoing when he escaped.
[Act No. 5 of 2003, s. 8.]

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39. Cancellation or suspension of certificate of competency

(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—
(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 Commissioner of Police, who shall
endorse them on the duplicate certificate in his custody; or
(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.

(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.

(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.

(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.

(5) Any person—

(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
(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.
[Act No. 42 of 1951, s. 4, L.N. 427/1963, Act No. 21 of 1966, Second Sch., Act No. 24 of 1967, Sch.]

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PART II – CRIMES
Division I – Offences against Public Order
CHAPTER VII – TREASON AND ALLIED OFFENCES
40. Treason
(1) Any person who, owing allegiance to the Republic, in Kenya or
elsewhere—
(a) compasses, imagines, invents, devises or intends—
(i) the death, maiming or wounding, or the imprisonment or
restraint, of the President; or
(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
(iii) the overthrow by unlawful means of the Government; and
(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.
[Act No. 24 of 1967, s. 2.]

(2) Any person who, owing allegiance to the Republic—

(a) levies war in Kenya against the Republic; or
(b) is adherent to the enemies of the Republic, or gives them aid or
comfort, in Kenya or elsewhere; or
(c) instigates whether in Kenya or elsewhere any person to invade
Kenya with an armed force,
is guilty of the offence of treason.
(3) Any person who is guilty of the offence of treason shall be sentenced to
death.

41. Deleted by Act No. 24 of 1967, s. 3.

42. Concealment of treason

Any person who —
(a) becomes an accessory after the fact to treason; or
(b) knowing that any person intends to commit treason, does not give
information thereof with all reasonable despatch to the Attorney-
General, administrative officer, magistrate, or officer in charge of a
police station, or use other reasonable endeavours to prevent the
commission of the offence,
is guilty of the felony termed misprision of treason and is liable to imprisonment
for life.
[L.N. 124/1964, Act No. 24 of 1967, Sch.]

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43. Treasonable felony

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 under section
40, is guilty of a felony and is liable to imprisonment for life.
[Act No. 24 of 1967, s. 4.]

43A. Treachery
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.
[Act No. 24 of 1967, s. 4.]

44. Promoting warlike undertaking

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.
[Act No. 24 of 1967, s. 4.]

45. Provisions as to trial for treason, etc.

(1) A person cannot be tried for treason, or for any of the felonies defined in
sections 42, 43, 43A and 44, unless the prosecution is commenced within two
years after the offence is committed.
(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.
(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.
(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.
(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.
[Act No. 24 of 1967, Sch.]

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46. Dissuasion from enlistment

Any person who wilfully dissuades or attempts to dissuade any other person
from entering the disciplined forces or the police force 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:
Provided that the provisions of this section do not extend to—
(i) comments or criticisms of the policy of the Government in relation to
such forces as aforesaid made in good faith; or
(ii) advice given privately and in good faith by one person to another
person for the benefit of that other person or of anyone in whom that
other person is interested.
[Act No. 54 of 1960, s. 9, Act No. 3 of 1965, s. 26, Act No. 24 of 1967, Sch.]

47. Inciting to mutiny

Any person who advisedly attempts to effect any of the following purposes,
that is to say—
(a) to seduce any member of the disciplined forces or any police officer
from his duty or allegiance; or
(b) to incite any such persons to commit an act of mutiny or any
traitorous or mutinous act; or
(c) to incite any such persons to make or endeavour to make a
mutinous assembly,
is guilty of a felony and is liable to imprisonment for life.
[Act No. 3 of 1965, s. 26, Act No. 24 of 1967, Sch.

48. Aiding, etc., to mutiny, or inciting sedition or disobedience

Any person who—
(a) aids or abets, or is accessory to, any act of mutiny by, or
(b) incites to sedition or to disobedience to any lawful order given by a
superior officer,
any member of the disciplined forces or any police officer is guilty of a
misdemeanour.
[Act No. 3 of 1965, s. 26, Act No. 24 of 1967, Sch.]

49. Inducing desertion

Any person who, by any means whatever, directly or indirectly—
(a) procures or persuades or attempts to procure or persuade to desert,
or
(b) aids or abets, or is accessory to, the desertion of, or
(c) having reason to believe he is a deserter, harbours or aids in
concealing, any member of the military forces of Kenya or any police
officer is guilty of a misdemeanour and is liable to imprisonment for
six months.
[Act No. 24 of 1967, Sch.]

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50. Aiding prisoners of war to escape

Any person who—
(a) 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;
(b) negligently and unlawfully permits the escape of any such person as
is mentioned in paragraph (a) is guilty of a misdemeanour.
[Act No. 24 of 1967, Sch.]

51. Definition of overt act

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.

52. Power to prohibit publications

(1) Where the Minister, 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 Minister may, by order
published in the Gazette, prohibit the importation of any publication.
(2) Where the Minister, 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
Minister may, by order in the Gazette, declare any publication to be a prohibited
publication.
(3) There is established a Board to be known as the Prohibited Publications
Review Board (hereinafter referred to as “the Board”) which shall comprise—
(a) the Attorney-General or his representative, who shall be the
chairman;
(aa) the Director of Public Prosecutions or his representative;
(b) the Commissioner of Police or his representative;
(c) the Director of Medical Services or his representative;
(d) two persons from the religious community, to be appointed by the
Minister; and
(e) two other persons of integrity, good character and good standing to
be appointed by the Minister.
(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.

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(5) The purposes for which the Board is established shall be—
(a) to review all publications prohibited under this section as at the
commencement of this subsection and advise the Minister as to
whether such prohibition should be lifted; and
(b) to advise the Minister generally on the exercise of his powers under
this section.
(6) The Minister 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.
(7) The Minister 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.
(8) The Minister shall be obliged to act in accordance with any advice given
by the Board under this section.
(9) The quorum for the conduct of a meeting of the Board shall be four
members.
(10) Subject to subsection (9), the Board may regulate its own procedure.
(11) There shall be a secretary of the Board and such other staff as may be
necessary for the proper functioning of the Board.
(12) The secretary and other staff of the Board shall be public officers
appointed by the Minister for that purpose.
(13) The expenses of the Board shall be defrayed out of moneys provided by
Parliament for that purpose.
[Act No. 54 of 1960, s. 11, Act No. 21 of 1966, 1st Sch., Act No. 10 of 1969, Sch., Act No. 10 of 1997,
Sch., Act No. 12 of 2012, Sch.]

53. Penalty for prohibited publications

(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—
(i) forthwith on the importation of a publication being prohibited under
section 52 of 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
(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,

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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,
shall be convicted of an offence under this section in respect of the copies so
delivered by him as aforesaid.
[Act No. 54 of 1960, s. 11, Act No. 21 of 1966, 1st Sch.]

(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—
(a) that he was not aware of the nature or contents of the publication in
respect of which he is charged; and
(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.

54. Seizure and disposal of prohibited publications

(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.
(2) (a) Any—
(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;
(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;
(iii) police officer not below the rank of Assistant Inspector; and
(iv) any other officer authorized in that behalf, whether personally or by
reference to a class to which the officer belongs, by the Minister,
may detain, open and examine any article or package which he
suspects to contain any prohibited publication, and during the
examination may detain any person importing, distributing or posting
the article or package or in whose possession the article or package
is found.
(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.

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(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 Commissioner of Police, as the
case may be.
[Act No. 54 of 1960, s. 11, L.N. 427/1963, Act No. 24 of l967, Sch., Act No. 29 of 1968, s. 7.]

55. Deleted by Act No. 46 of 1963, Second Sch.

56. Deleted by Act No. 10 of 1997, Sch.

57. Deleted by Act No.10 of 1997, Sch.

58. Deleted by Act No. 10 of 1997, Sch.

59. Unlawful oaths to commit capital offences

Any person who—
(a) 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
(b) takes any such oath or engagement, not being compelled to do so,
is guilty of a felony and is liable to imprisonment for life.
[Act No. 52 of 1955, s. 4.]

60. Administration of unlawful oaths to commit capital offences

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.
[Act No. 52 of 1955, s. 5.]

61. Unlawful oaths to commit other offences

Any person who—
(a) administers, or 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 act in any of the ways following, that is to
say—
(i) to engage in any mutinous or seditious enterprise;
(ii) to commit any offence not punishable with death;
(iii) to disturb the public peace;
(iv) to be of any association, society or confederacy, formed for
the purpose of doing any such act as aforesaid;
(v) to obey the orders or commands of any committee or body of
men not lawfully constituted, or of any leader or commander or
other person not having authority by law for that purpose;

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(vi) not to inform or give evidence against any associate,

confederate or other person;
(vii) not to reveal or discover any unlawful association, society or
confederacy, or any illegal act done or to be done, or any
illegal oath or engagement that may have been administered
or tendered to or taken by himself or any other person, or the
import of any such oath or engagement; or
(b) takes any such oath or engagement, not being compelled to do so,
is guilty of a felony and is liable to imprisonment for ten years.
[Act No. 53 of 1952, Sch.]

62. Compelling another person to take an oath

(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.
(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.
[Act No. 50 of 1950, s. 2, Act No. 53 of 1952, Sch.]

63. Compulsion, how far a defence

It shall not be a defence for a person who takes any oath or engagement in
the nature of an oath mentioned in section 59 or section 61 to 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.
[Act No. 50 of 1950, s. 3, Act No. 52 of 1955, s. 6, Act No. 24 of 1967, Sch.]

64. Presence at oath administration

Any person who is present at the administering of an oath or engagement in
the nature of an oath mentioned in section 59, section 61 or section 62 shall 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.
[Act No. 50 of 1950, s. 3, Act No. 24 of 1967, Sch.]

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65. Unlawful drilling

(1) Any person who—
(a) without the permission of the Minister trains or drills any other
person to the use of arms or the practice of military exercises,
movements or evolutions; or
(b) is present at any meeting or assembly of persons, held without the
permission of the Minister, for the purpose of training or drilling any
other persons to the use of arms or the practice of military
exercises, movements or evolutions,
is guilty of a felony and is liable to imprisonment for seven years.
(2) Any person who, at any meeting or assembly held without the permission
of the Minister, 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.
[Act No. 36 of 1962, Sch.]

66. Alarming publications

(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.
(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.

CHAPTER VIII – OFFENCES AFFECTING RELATIONS WITH FOREIGN

STATES AND EXTERNAL TRANQUILITY
67. Defamation of foreign princes
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.
[Act No. 24 of 1967, Sch.]

68. Foreign enlistment

(1) Any person who, without the authority of the President in writing—
(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
(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

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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
(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
(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
(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,
shall, unless he proves to the satisfaction of the court that in any case falling
within provisions of paragraph (b) and (c) the commission or engagement
concerned was not voluntary, be guilty of an offence and liable to imprisonment
for ten years.
(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—
(a) upon a proclamation of neutrality being issued by the President he
forthwith gives notice to the Minister 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 Minister; and
(b) he gives such security and takes and permits to be taken such other
measures, if any, as the Minister 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.
[Act No. 24 of 1967, Sch., Act No. 21 of 1990, Sch.]

69. Deleted by Act No. 4 of 2009, s. 454.

CHAPTER IX – UNLAWFUL ASSEMBLIES, RIOTS AND OTHER

OFFENCES AGAINST PUBLIC TRANQUILITY

70. Deleted by Act No. 4 of 1968, s. 54.

71. Deleted by Act No. 4 of 1968, s. 54.

72. Deleted by Act No. 4 of 1968, s. 54.

73. Deleted by Act No. 4 of 1968, s. 54.

74. Deleted by Act No. 4 of 1968, s. 54.

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75. Deleted by Act No. 4 of 1968, s. 54.

76. Deleted by Act No. 4 of 1968, s. 54.

77. Subversive activities

(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.

(2) Deleted by Act No. 5 of 2003, s. 9.

(3) For the purposes of this section, “subversive” means—

(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;
(b) inciting to violence or other disorder or crime, or counselling
defiance of or disobedience to the law or lawful authority;
(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;
(d) indicating, expressly or by implication, any connexion, association or
affiliation with, or support for, any unlawful society;
(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;
(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

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(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.
Act No. 54 of 1960, s. 16, Act No. 3 of 1965, s. 26, Act No. 5 of 2003, s. 9, Act No. 7 of 2007, Sch.]

78. Definition of unlawful assembly and riot

(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.
(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.
(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.

79. Punishment of unlawful assembly

Any person who takes part in an unlawful assembly is guilty of a
misdemeanour and is liable to imprisonment for one year.
[Act No. 42 of 1951, s. 5.]

80. Punishment of riot

Any person who takes part in a riot is guilty of a misdemeanour.

81. Proclamation for rioters to disperse

(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.
(2) For the purposes of this section, “military forces” includes naval and air
forces.
[Act No. 53 of 1952, s. 3, Act No. 52 of 1955, s. 8, Act No. 24 of 1967, Sch., Act No. 8 of 1968, Sch.]

82. Dispersal of rioters after proclamation

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

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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.

83. Rioting after proclamation.

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.
[Act No. 53 of 1952, Sch.]

84. Preventing or obstructing proclamation

Any person who forcibly prevents or obstructs the making of a proclamation
as is in section 81 mentioned 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.
[Act No. 53 of 1952, Sch.]

85. Rioters demolishing buildings, etc.

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.

86. Rioters injuring buildings, machinery, etc.

Any persons who, being riotously assembled together unlawfully damage any
of the things in section 85 mentioned, are guilty of a felony and each of them is
liable to imprisonment for seven years.

87. Riotously interfering with railway, vehicle or vessel

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.

88. Going armed in public

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.

89. Possession of firearms, etc.

(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

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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.
(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.
(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.
(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.
[Act No. 54 of 1960, s. 17, Act No. 11 of 1993, Sch.]

90. Forcible entry

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.

91. Forcible detainer

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.

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92. Affray

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.

93. Challenge to duel

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.

94. Offensive conduct conducive to breaches of the peace

(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.
[Act No. 54 of 1960, s. 18.]

(2) In this section, “public gathering” means—

(a) any meeting, gathering or concourse of ten or more persons in any
public place; or
(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
(c) any procession in, to or from a public place.

95. Threatening breach of the peace or violence

(1) Any person who—

(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
(b) brawls or in any other manner creates a disturbance in such a
manner as is likely to cause a breach of the peace,
is guilty of a misdemeanour and is liable to imprisonment for six months.

(2) Any person who—

(a) with intent to intimidate or annoy any person, threatens to break or
injure a dwelling-house; or
(b) with intent to alarm any person in a dwelling-house, discharges a
loaded firearm or commits any other breach of the peace,
is guilty of a misdemeanour and is liable to imprisonment for three years, or, if
the offence is committed in the night, to imprisonment for four years.
[Act No. 53 of 1952, Sch.]

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96. Incitement to violence and disobedience of the law

Any person who, without lawful excuse, the burden of proof whereof shall lie
upon him, utters, prints or publishes any words, or does any act or thing,
indicating or implying that it is or might be desirable to do, or omit to do, any act
the doing or omission of which is calculated—
(a) to bring death or physical injury to any person or to any class,
community or body of persons; or
(b) to lead to the damage or destruction of any property; or
(c) to prevent or defeat by violence or by other unlawful means the
execution or enforcement of any written law or to lead to defiance or
disobedience of any such law, or of any lawful authority,
is guilty of an offence and is liable to imprisonment for a term not exceeding five
years.
[Act No. 32 of 1958, s. 2, Act No. 54 of 1960, s. 19, Act No. 5 of 2003, s. 10.]

97. Assemblying for smuggling

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.
[Act No. 40 of 1952, Sch.]

98. Wrongfully inducing a boycott

(1) Whenever the Minister is satisfied that any boycott is being conducted or
is threatened or likely to be conducted in Kenya with the intention or effect of—
(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
(b) endangering public order in Kenya; or
(c) bringing the economic life of Kenya into jeopardy; or
(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 the Gazette, 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—
(i) abstaining from buying goods from or selling goods to any
person or class of persons; or

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(ii) abstaining from buying or selling any goods or class of goods;

or
(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
(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
(v) abstaining from working for or employing any person or class
of persons; or
(vi) abstaining from letting, hiring or allowing the use of any land or
buildings to any person or class of persons; or
(vii) abstaining from doing any other act which may lawfully be
done.
(2) Any person who, with intent to further any designated boycott—
(a) by word of mouth publicly; or
(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.
(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.
(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 Trade Unions
Act (Cap. 233)) in contemplation or in furtherance of that dispute.
[Cap. 233.]
(5) Deleted by Act No. 5 of 2003, s. 11.
(6) Any notice published under this section may at any time be amended,
varied, suspended or revoked by a further notice so published.
(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.
[Act No. 54 of 1960, s. 21, L.N. 427/1963, Act No. 24 of 1967, Sch., L.N. 280 /1967, Act No. 5 of
2003, s. 11.]

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
Any person who, being employed in the public service, and being charged by

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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.
[Act No. 7 of 2007, Sch.]

100. False claims by persons employed in the public service

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.
[Act No. 7 of 2007, Sch.]

101. Abuse of office

(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.
(2) Deleted by Act No. 7 of 2007, sch.
(3) Deleted by Act No. 5 of 2003, s. 12.
[Act No. 7 of 2007, Sch.]

102. False certificates by public officers

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.
[Act No. 7 of 2007, Sch.]

102A. Penalties
A person convicted of an offence under sections 99, 100, 101 or 102 of this
Part shall be liable to a fine not exceeding one million shillings or to imprisonment
for a term not exceeding 10 years or to both.
[Act No. 7 of 2007, Sch.]

103. Unauthorized administration of oaths

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

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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.

104. False assumption of authority

Any person who—
(a) not being a judicial officer, assumes to act as a judicial officer; or
(b) without authority assumes to act as a person having authority by law
to administer an oath or take a solemn declaration or affirmation or
affidavit or to do any other act of a public nature which can only be
done by persons authorized by law to do so; or
(c) represents himself to be a person authorized by law to sign a
document testifying to the contents of any register or record kept by
lawful authority, or testifying to any fact or event, and signs such
document as being so authorized, when he is not, and knows that
he is not, in fact, so authorized,
is guilty of a misdemeanour.

105. Personating persons employed in the public service

Any person who—
(a) 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
(b) falsely represents himself to be a person employed in the public
service, and assumes to do any act or to attend in any place for the
purpose of doing any act by virtue of such employment,
is guilty of a misdemeanour and is liable to imprisonment for three years.

106. Threat of injury to persons employed in public service

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.

107. Tampering with public officers, etc.

Any person who—
(a) 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

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(b) with intent to influence any public officer, or any such sailor, soldier
or airman as aforesaid, or any servant of a local authority, in or in
relation to the discharge of his duty, or to cause him to fail in his
duty, or to terminate his services in the discharge of his duty, or to
commit a breach of discipline, refuses or threatens to refuse to deal
or do trade or business with, or to supply or render, in the ordinary
course of his trade or business, any goods or service to, any person,
is guilty of an offence and is liable to imprisonment for a term not exceeding three
years.
[Act No. 54 of 1960, s. 22.]

CHAPTER XI – OFFENCES RELATING TO THE ADMINISTRATION OF

JUSTICE

108. Perjury and subornation of perjury

(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.
(b) It is immaterial whether the testimony is given on oath or under any
other sanction authorized by law.
(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.
(d) It is immaterial whether the false testimony is given orally or in
writing.
(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.
(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.
(2) Any person who aids, abets, counsels, procures or suborns another
person to commit perjury is guilty of the misdemeanour termed subornation of
perjury.
[Act No. 13 of 1982, s. 15.]

109. False statements by interpreters

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.

110. Punishment of perjury and subornation of perjury

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

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111. Evidence of perjury or subornation of perjury

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.]

112. Contradictory statements

(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.

(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.

(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 be prima facie evidence of such statement.

(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.
[Act No. 54 of 1960, s. 23.]

112A. Malicious information

(1) Any person who, with intent to cause harm or inconvenience to another
person, gives or makes to—
(a) any magistrate or member of the police force; or
(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.

(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.]

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(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.]

(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.]

(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.
[Act No. 13 of 1982, s. 15, Act No. 5 of 2003, s. 13.]

113. Fabricating evidence

Any person who, with intent to mislead any tribunal in any judicial
proceeding—
(a) fabricates evidence by any means other than perjury or subornation
of perjury; or
(b) knowingly makes use of such fabricated evidence, is guilty of a
misdemeanour and is liable to imprisonment for seven years.

114. False swearing

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.

115. Deceiving witnesses

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.

116. Destroying evidence

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.

117. Conspiracy to defeat justice and interference with witnesses

Any person who—
(a) 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

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(b) in order to obstruct the due course of justice, dissuades, hinders or

prevents any person lawfully bound to appear and give evidence as
a witness from so appearing and giving evidence, or endeavours to
do so; or
(c) obstructs or in any way interferes with or knowingly prevents the
execution of any legal process, civil or criminal,
is guilty of an offence and is liable to imprisonment for five years.
[Act No. 53 of 1952, s. 4.]

118. Compounding felonies

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.

119. Compounding penal actions

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.
[Act No. 24 of 1967, Sch.]

120. Advertisements for stolen property

Any person who—
(a) 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
(b) publicly offers to return to any person who may have bought or
advanced money by way of loan upon any stolen or lost property the
money so paid or advanced, or any other sum of money or reward
for the return of such property; or
(c) prints or publishes any such offer,
is guilty of a misdemeanour.

121. Offences relating to judicial proceedings

(1) Any person who—
(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
(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

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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
(c) causes an obstruction or disturbance in the course of a judicial
proceeding; or
(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
(e) publishes a report of the evidence taken in any judicial proceeding
which has been directed to be held in private; or
(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
(g) dismisses a servant because he has given evidence on behalf of a
certain party to a judicial proceeding; or
(h) wrongfully retakes possession of land from any person who has
recently obtained possession by a writ of court; or
(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.
(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.
(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.
[Act No. 40 of 1952, Sch., Act No. 53 of 1952, Sch., Act No. 21 of 1966, 2nd Sch.]

CHAPTER XII – RESCUES AND ESCAPES AND OBSTRUCTING

OFFICERS OF COURT
122. Rescue
(1) Any person who by force rescues or attempts to rescue from lawful
custody any other person—
(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
(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

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(c) is, in any other case, guilty of a misdemeanour.

(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.

SAMPLING FOR DNA IDENTIFICATION

122A. Senior police officer may order DNA sampling procedure on suspect
(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.
(2) In this section—
“DNA sampling procedure” means a procedure, carried out by a medical
practitioner, consisting of—
(a) the taking of a sample of saliva or a sample by buccal swab;
(b) the taking of a sample of blood;
(c) the taking of a sample of hair from the head or underarm; or
(d) the taking of a sample from a fingernail or toenail or from under the
nail,
for the purpose of performing a test or analysis upon the sample in order to
confirm or disprove a supposition concerning the identity of the person who
committed a particular crime;
“serious offence” means an offence punishable by imprisonment for a
term of twelve months or more.
[Act No. 5 of 2003, s. 14.]

122B. Suspect to comply with order

Where a suspect in respect of whom an order has been made under section
122A resists 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.
[Act No. 5 of 2003, s. 14.]

122C. Suspect may volunteer

(1) Nothing in section 122A shall 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.
(2) Such consent may, where the suspect is a child or an incapable person,
be given by the suspect's parent or guardian.
[Act No. 5 of 2003, s. 14.]

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122D. Order or consent to be proven

The results of any test or analysis carried out on a sample obtained from a
DNA sampling procedure within the meaning of section 122A shall not be
admissible in evidence at the request of the prosecution in any proceedings
against the suspect unless an order under section 122A or a consent under 122C
is first proven to have been made or given.
[Act No. 5 of 2003, s. 14.]

123. Escape
Any person who, being in lawful custody, escapes from that custody is guilty
of a misdemeanour.

124. Aiding escape

Any person who—
(a) aids a prisoner in escaping or attempting to escape from lawful
custody; or
(b) conveys anything or causes anything to be conveyed into a prison
with intent to facilitate the escape of a prisoner,
is guilty of a felony and is liable to imprisonment for seven years.

125. Removal, etc., of property under lawful seizure

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.

126. Obstructing court officers

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.

CHAPTER XIII – MISCELLANEOUS OFFENCES AGAINST PUBLIC

AUTHORITY
127. Frauds and breaches of trust by persons employed in the public
service
(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.
(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.
[Act No. 7 of 2007, Sch.]

128. Neglect of official duty

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

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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.
[Act No. 24 of 1967, Sch.]

129. False information to person employed in the public service

Whoever gives to any person employed in the public service any information
which he knows or believes to be false, intending thereby to cause, or knowing it
to be likely that he will thereby cause, the person employed in the public
service—
(a) 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
(b) to use the lawful power of the person employed in the public service
to the injury or annoyance of any person,
is guilty of a misdemeanour and is liable to imprisonment for three years.
[Act No. 40 of 1952, Sch., Act No. 53 of 1952, s. 5.]

130. Disobedience of statutory duty

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.
[Act No. 24 of 1967, Sch.]

131. Disobedience of lawful orders

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.

132. Undermining authority of public officer

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.
[Act No. 32 of 1958, s. 3, Act No. 54 of 1960, s. 24, Act No. 44 of 1962, Sch.]

133. Destruction, etc., of statutory documents

(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.

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(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.

(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.
[Act No. 54 of 1960, s. 25.]

Division III – Offences Injurious to the Public in General

CHAPTER XIV – OFFENCES RELATING TO RELIGION

134. Insult to religion

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.

135. Disturbing religious assemblies

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.

136. Trespassing on burial places

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.

137. Hindering burial of dead body, etc.

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.

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138. Writing or uttering words with intent to wound religious feelings

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.

CHAPTER XV – OFFENCES AGAINST MORALITY

139. Deleted by Act No 3 of 2006, Second Sch.
140. Deleted by Act No 3 of 2006, Second Sch.
141. Deleted by Act No 3 of 2006, Second Sch.
142. Deleted by Act No 3 of 2006, Second Sch.
143. Deleted by Act No 3 of 2006, Second Sch.
144. Deleted by Act No 3 of 2006, Second Sch.
145. Deleted by Act No 3 of 2006, Second Sch.

146. Defilement of idiots or imbeciles

Any person who, knowing a person to be an idiot or imbecile, 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 an idiot or imbecile, is guilty of a
felony and is liable to imprisonment with hard labour for fourteen years.
[Act No. 3 of 1969, First Sch., Act No. 5 of 2003, s. 20.]

147. Deleted by Act No. 3 of 2006, Second Sch.

148. Deleted by Act No. 3 of 2006, Second Sch.
149. Deleted by Act No. 3 of 2006, Second Sch.
150. Deleted by Act No. 5 of 2003, s. 24.

151. Detention of females for immoral purposes

(1) Any person who detains any other person against his or her will—
(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
(b) in any brothel,
is guilty of a felony.
(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—
(a) withholds from that person any wearing apparel or other property
belonging to that person; or

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(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.
(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.
[Act No. 5 of 2003, ss. 25(a) and 27, Act No. 5 of 2003, s. 25(b).]

152. Power of search for persons detained

(1) If it appears to any magistrate, on information laid before him on oath by—
(a) any parent, relative or guardian of a person named in the
information; or
(b) any other informant who, in the opinion of the magistrate, is acting
bona fide in the interests of the person so named,
that there is reasonable cause to suspect that the person named in the
information is unlawfully detained for immoral purposes by any person in any
place within the jurisdiction of the magistrate, the magistrate may issue a warrant
authorising the person charged with its execution to search for and, when found,
to take to and detain in a place of safety the person named in the information
until he or she can be brought before a magistrate.
(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.
(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.
(4) A person shall be deemed to be unlawfully detained for immoral purposes
if—
(a) the person is detained for the purpose of having unlawful sexual
connection with any person, whether any particular person or
generally; and
(b) the person—
(i) is under the age of sixteen years; or
(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
(iii) being of or over the age of eighteen years, is so detained
against his or her own will.
(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.
[Act No. 5 of 2003, s. 26.]

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153. Male person living on earnings of prostitution or soliciting

(1) Every male person who—
(a) knowingly lives wholly or in part on the earnings of prostitution; or
(b) in any public place persistently solicits or importunes for immoral
purposes,
is guilty of a felony.
(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.
[Act No. 5 of 2003, s. 28.]

154. Woman living on earnings of prostitution or aiding, etc., prostitution

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.
[Act No. 5 of 2003, s. 29.]

155. Premises used for prostitution

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.

156. Brothels
Any person who—
(a) keeps or manages or assists in the management of a brothel; or
(b) being the tenant, lessee or occupier, or person in charge, of any
premises, knowingly permits the premises or any part thereof to be
used as a brothel; or
(c) being the lessor or landlord of any premises, or the agent of the
lessor or landlord, lets the same or any part thereof with the
knowledge that the premises or some part thereof are or is to be
used as a brothel, or is wilfully a party to the continued use of the
premises as a brothel,
is guilty of a felony.
[Act No. 42 of 1951, s. 6, Act No. 5 of 2003, s. 30.]

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157. Conspiracy to defile

(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.
(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.
[Act No. 5 of 2003, s. 31.]

158. Attempts to procure abortion

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.

159. The like by woman with child

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.

160. Supplying drugs or instruments to procure abortion

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.

161. Deleted by Act No. 3 of 2006, Second Sch.

162. Unnatural offences.

Any person who—
(a) has carnal knowledge of any person against the order of nature; or
(b) has carnal knowledge of an animal; or
(c) permits a male person to have carnal knowledge of him or her
against the order of nature,
is guilty of a felony and is liable to imprisonment for fourteen years:
Provided that, in the case of an offence under paragraph (a), the offender
shall be liable to imprisonment for twenty-one years if—
(i) the offence was committed without the consent of the person who
was carnally known; or
(ii) the offence was committed with that person's consent but the
consent was obtained by force or by means of threats or intimidation
of some kind, or by fear of bodily harm, or by means of false
representations as to the nature of the act.
[Act No. 5 of 2003, s. 32.]

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163. Attempt to commit unnatural offences

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.
[Act No. 5 of 2003, s. 33.]

164. Deleted by Act No. 3 of 2006, Second Sch.

165. Indecent practices between males

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.
[Act No. 5 of 2003, s. 35.]

166. Deleted by Act No. 3 of 2006, Second Sch.

167. Deleted by Act No. 3 of 2006, Second Sch.

168. Deleted by Act No. 3 of 2006, Second Sch.

169. Deleted by Act No. 5 of 2003, s. 36.

CHAPTER XVI – OFFENCES RELATINGTO MARRIAGE AND DOMESTIC

OBLIGATIONS
170. Deleted by Act No. 7 of 2007, Sch.

171. Bigamy
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.

172. Marriage with dishonest or fraudulent intent

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.

173. Master not providing for servants or apprentices

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.

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174. Child stealing

(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—
(a) forcibly or fraudulently takes or entices away or detains the child; or
(b) receives or harbours the child, knowing it to have been so taken or
enticed away or detained,
is guilty of a felony and is liable to imprisonment for seven years.
(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.

CHAPTER XVII – NUISANCES AND OFFENCES AGAINST HEALTH AND

CONVENIENCE
175. Common nuisance
(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.
(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.

176. Deleted by Act No. 9 of 1966, s. 71.

177. Deleted by Act No. 9 of 1966, s. 71.

178. Deleted by Act No. 9 of 1966, s. 71.

179. Deleted by Act No. 9 of 1966, s. 71.

180. Deleted by Act No. 9 of 1966, s. 71.

181. Traffic in obscene publications

(1) Any person who—
(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
(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

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(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
(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
(e) publicly exhibits any indecent show or performance or any show or
performance tending to corrupt morals,
is guilty of a misdemeanour and is liable to imprisonment for two years or to a
fine of seven thousand shillings.
(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.
(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.
(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.
[Act No. 40 of 1952, Sch., Act No. 12 of 2012, Sch.]

182. Idle and disorderly persons

The following persons—
(a) every common prostitute behaving in a disorderly or indecent
manner in any public place;
(b) every person causing, procuring or encouraging any person to beg
or gather alms;
(c) Deleted by Act No. 61 of 1968, s. 22;
(d) every person who publicly conducts himself in a manner likely to
cause a breach of the peace;
(e) every person who without lawful excuse publicly does any indecent
act;
(f) every person who in any public place solicits for immoral purposes;
(g) Deleted by Act No. 61 of 1968, s. 22,
shall be deemed idle and disorderly persons, and are guilty of a misdemeanour
and are liable for the first offence to imprisonment for one month or to a fine not
exceeding one hundred shillings, or to both and for every subsequent offence to
imprisonment for one year.
[Act No. 40 of 1952, Sch., Act No. 9 of 1966, s. 71, Act No. 24 of 1967, Sch., Act No. 61 of 1968, s.
22.]

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183. Deleted by Act No. 5 of 2003, s. 37.

184. Unauthorized uniforms

(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 Minister 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.
(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.
(3) Any person who, not being in the service of Kenya or not having
previously received the written permission of the Minister 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.
(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 Minister otherwise orders.
[Act No. 42 of 1951, s. 10, Act No. 40 of 1952, Sch., L.N. 407/1961, Act No. 19 of 1964, s. 2, Act No.
24 of 1967, Sch.]

185. Wearing uniforms declared to be for exclusive use

(1) The Minister may, by notice in the Gazette, upon the application of any
persons who perform, or who are members of any organization which performs,
any service which in his opinion is in the public interest, declare that any uniform,
badge, button or other distinctive mark used by those persons and described in
the notice shall be for the exclusive use of those persons.
[L.N. 299/1956, L.N. 172/1960.]

(2) Any person who, without the authority of the persons upon whose
application a notice under this section has been published in the Gazette, uses or
wears any uniform, badge, button or other distinctive mark described in the
notice, or any uniform, badge, button or other distinctive mark so closely

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resembling the same as to lead to the belief that it is a uniform, badge, button or
other distinctive mark so described, is guilty of a misdemeanour and is liable to
imprisonment for one month or to a fine of two hundred shillings:
Provided that nothing in this section shall prevent any person from using or
wearing the uniform, badge, button or other distinctive mark in the course of a
stage play performed in any public 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 the making or production of a cinematograph film, if the uniform,
badge, button or other distinctive mark is not used or worn in such a manner or in
such circumstances as to bring it into contempt.
(3) Any person who, without the authority of the persons upon whose
application a notice under this section has been published in the Gazette, imports
or sells or has in his possession for sale any uniform, badge, button or other
distinctive mark described in the notice is guilty of a misdemeanour and is liable
to imprisonment for six months or to a fine of two thousand shillings.
(4) Where any person has been convicted of any offence under this section,
the uniform, badge, button or other distinctive mark in respect of which the
offence has been committed shall be forfeited unless the Minister otherwise
orders.

186. Spreading infection

Any person who unlawfully or negligently does any act which is, and which he
knows or has reason to believe to be, likely to spread the infection of any disease
dangerous to life, is guilty of a misdemeanour.

187. Deleted by Act No. 8 of 1965, s. 40.

188. Deleted by Act No. 8 of 1965, s. 40.

189. Deleted by Act No. 8 of 1965, s. 40.

190. Deleted by Act No. 8 of 1965, s. 40.

191. Fouling water

Any person who voluntarily corrupts or fouls the water of any public spring or
reservoir, so as to render it less fit for the purpose for which it is ordinarily used,
is guilty of a misdemeanour.

192. Fouling air

Any person who voluntarily vitiates the atmosphere in any place, so as to
make it noxious to the health of persons in general dwelling or carrying on
business in the neighbourhood or passing along a public way, is guilty of a
misdemeanour.

193. Offensive trades

Any person who, for the purposes of trade or otherwise, makes loud noises or
offensive or unwholesome smells in such places and circumstances as to annoy
any considerable number of persons in the exercise of their common rights
commits an offence and is liable to be punished as for a common nuisance.

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CHAPTER XVIII – DEFAMATION

194. Definition of libel

Any person who, by print, writing, painting or effigy, or by any means
otherwise than solely by gestures, spoken words or other sounds, unlawfully
publishes any defamatory matter concerning another person, with intent to
defame that other person, is guilty of the misdemeanour termed libel.

195. Definition of defamatory matter.

Defamatory matter is matter likely to injure the reputation of any person by
exposing him to hatred, contempt or ridicule, or likely to damage any person in
his profession or trade by an injury to his reputation; and it is immaterial whether
at the time of the publication of the defamatory matter the person concerning
whom the matter is published is living or dead.
[Act No. 5 of 2003, s. 38.]

196. Definition of publication

(1) A person publishes a libel if he causes the print, writing, painting, effigy or
other means by which the defamatory matter is conveyed to be so dealt with,
either by exhibition, reading, recitation, description, delivery or otherwise, that the
defamatory meaning thereof becomes known or is likely to become known to
either the person defamed or any other person.
(2) It is not necessary for libel that a defamatory meaning should be directly
or completely expressed; and it suffices if such meaning and its application to the
person alleged to be defamed can be collected either from the alleged libel itself
or from any extrinsic circumstances, or partly by the one and partly by the other
means.

197. Definition of unlawful publication

Any publication of defamatory matter concerning a person is unlawful within
the meaning of this Chapter, unless—
(a) the matter is true and it was for the public benefit that it should be
published; or
(b) it is privileged on one of the grounds hereafter mentioned in this
Chapter.

198. Cases in which publication of defamatory matter is absolutely

privileged
(1) The publication of defamatory matter is absolutely privileged, and no
person shall under any circumstances be liable to punishment under this Code in
respect thereof, in any of the following cases, namely—
(a) if the matter is published by the President, or by the Cabinet of
Ministers, or in Parliament, in any case in an official document or
proceeding; or
(b) if the matter is published in the Cabinet of Ministers, or in
Parliament, in any case by the President, or by a Minister, or by a
Member of Parliament, as the case may be; or

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(c) if the matter is published by order of the President or by order of the

Cabinet of Ministers; or
(d) if the matter is published concerning a person subject to military or
naval discipline for the time being, and relates to his conduct as a
person subject to such discipline, and is published by some person
having authority over him in respect of such conduct, and to some
person having authority over him in respect of such conduct; or
(e) if the matter is published in the course of any judicial proceedings by
a person taking part therein as a judge, magistrate, commissioner,
advocate, assessor, witness or party thereto; or
(f) if the matter published is in fact a fair report of anything said, done
or published in the Cabinet of Ministers or in Parliament; or
(g) if the person publishing the matter is legally bound to publish it.
(2) Where a publication is absolutely privileged, it is immaterial for the
purposes of this Chapter whether the matter be true or false, and whether it be or
be not known or believed to be false, and whether it be or be not published in
good faith:
Provided that nothing in this section shall exempt any person from any
liability to punishment under any other Chapter of this Code or under any other
written law in force within Kenya.
[Act No. 15 of 1954, s. 3 (l), L.N.427/1963, L.N. 124/1964, Act No. 21 of 1966, Second Sch., Act No.
24 of 1967, Sch.]

199. Cases in which publication of defamatory matter is conditionally

privileged
A publication of defamatory matter is privileged, on condition that it was
published in good faith, if the relation between the parties by and to whom the
publication is made is such that the person publishing the matter is under some
legal, moral or social duty to publish it to the person to whom the publication is
made or has a legitimate personal interest in so publishing it, provided that the
publication does not exceed either in extent or matter what is reasonably
sufficient for the occasion, and in any of the following cases, namely —
(a) if the matter published is in fact a fair report of anything said, done
or shown in a civil or criminal inquiry or proceeding before any court:
Provided that if the court prohibits the publication of anything said or
shown before it, on the ground that it is seditious, immoral or
blasphemous, the publication thereof shall not be privileged; or
(b) if the matter published is a copy or reproduction, or in fact a fair
abstract, of any matter which has been previously published, and
the previous publication of it was or would have been privileged
under section 198; or
(c) if the matter is an expression of opinion in good faith as to the
conduct of a person in a judicial, official or other public capacity, or
as to his personal character so far as it appears in such conduct; or
(d) if the matter is an expression of opinion in good faith as to the
conduct of a person in relation to any public question or matter, or
as to his personal character so far as it appears in such conduct; or

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(e) if the matter is an expression of opinion in good faith as to the

conduct of any person as disclosed by evidence given in a public
legal proceeding, whether civil or criminal, or as to the conduct of
any person as a party, witness or otherwise in any such proceeding,
or as to the character of any person so far as it appears in any such
conduct as in this paragraph mentioned; or
(f) if the matter is an expression of opinion in good faith as to the merits
of any book, writing, painting, speech or other work, performance or
act published or publicly done or made or submitted by a person to
the judgment of the public, or as to the character of the person so
far as it appears therein; or
(g) if the matter is a censure passed by a person in good faith on the
conduct of another person in any matter in respect of which he has
authority, by contract or otherwise, over the other person, or on the
character of the other person so far as it appears in such conduct; or
(h) if the matter is a complaint or accusation made by a person in good
faith against another person in respect of his conduct in any matter,
or in respect of his character so far as it appears in such conduct, to
any person having authority, by contract or otherwise, over that
other person in respect of such conduct or matter, or having
authority by law to inquire into or receive complaints respecting such
conduct or matter; or
(i) if the matter is published in good faith for the protection of the rights
or interests of the person who publishes it, or of the person to whom
it is published, or of some person in whom the person to whom it is
published is interested.

200. Explanation as to good faith

A publication of defamatory matter shall be deemed not to have been made in
good faith by a person, within the meaning of section 199, if it is made to appear
either—
(a) that the matter was untrue, and that he did not believe it to be true; or
(b) that the matter was untrue, and that he published it without having
taken reasonable care to ascertain whether it was true or false; or
(c) that, in publishing the matter, he acted with intent to injure the
person defamed in a substantially greater degree or substantially
otherwise than was reasonably necessary for the interest of the
public or for the protection of the private right or interest in respect of
which he claims to be privileged.
[Act No. 24 of 1967, Sch.]

201. Deleted by Act No. 24 of 1967, s. 7.

Division IV – Offences against the Person

CHAPTER XIX – MURDER AND MANSLAUGHTER
202. Manslaughter
(1) Any person who by an unlawful act or omission causes the death of
another person is guilty of the felony termed manslaughter.

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(2) An unlawful omission is an omission amounting to culpable negligence to

discharge a duty tending to the preservation of life or health, whether such
omission is or is not accompanied by an intention to cause death or bodily harm.

203. Murder
Any person who of malice aforethought causes death of another person by an
unlawful act or omission is guilty of murder.

204. Punishment of murder

Any person convicted of murder shall be sentenced to death.

205. Punishment of manslaughter

Any person who commits the felony of manslaughter is liable to imprisonment
for life.

206. Malice aforethought

Malice aforethought shall be deemed to be established by evidence proving
any one or more of the following circumstances—
(a) an intention to cause the death of or to do grievous harm to any
person, whether that person is the person actually killed or not;
(b) knowledge that the act or omission causing death will probably
cause the death of or grievous harm to some person, whether that
person is the person actually killed or not, although such knowledge
is accompanied by indifference whether death or grievous bodily
harm is caused or not, or by a wish that it may not be caused;
(c) an intent to commit a felony;
(d) an intention by the act or omission to facilitate the flight or escape
from custody of any person who has committed or attempted to
commit a felony.

207. Killing on provocation

When a person who unlawfully kills another under circumstances which, but
for the provisions of this section, would constitute murder, does the act which
causes death in the heat of passion caused by sudden provocation as hereinafter
defined, and before there is time for his passion to cool, is guilty of manslaughter
only.

208. Provocation defined

(1) The term “provocation” means and includes, except as hereinafter
stated, any wrongful act or insult of such a nature as to be likely, when done to
an ordinary person or in the presence of an ordinary person to another person
who is under his immediate care, or to whom he stands in a conjugal, parental,
filial or fraternal relation, or in the relation of master or servant, to deprive him of
the power of self-control and to induce him to commit an assault of the kind
which the person charged committed upon the person by whom the act or insult
is done or offered.

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(2) When such an act or insult is done or offered by one person to another, or
in the presence of another to a person who is under the immediate care of that
other, or to whom the latter stands in any such relation as aforesaid, the former is
said to give to the latter provocation for an assault.

(3) A lawful act is not provocation to any person for an assault.

(4) An act which a person does in consequence of incitement given by

another person in order to induce him to do the act and thereby to furnish an
excuse for committing an assault is not provocation to that other person for an
assault.

(5) An arrest which is unlawful is not necessarily provocation for an assault,

but it may be evidence of provocation to a person who knows of the illegality.

209. Suicide pacts

(1) It shall be manslaughter, and shall not be murder, for a person acting in
pursuance of a suicide pact between him and another to kill the other or be a
party to the other killing himself or being killed by a third person.

(2) Where it is shown that a person charged with the murder of another killed
the other or was a party to his killing himself or being killed, it shall be for the
defence to prove that the person charged was acting in pursuance of a suicide
pact between him and the other.

(3) For the purposes of this section, “suicide pact” means a common
agreement between two or more persons having for its object the death of all of
them, whether or not each is to take his own life, but nothing done by a person
who enters into a suicide pact shall be treated as done by him in pursuance of
the pact unless it is done while he has the settled intention of dying in pursuance
of the pact.
[Act No. 54 of 1960, s. 26.]

210. Infanticide

Where a woman by any wilful act or omission causes the death of her child
being a child under the age of twelve months, but at the time of the act or
omission the balance of her mind was disturbed by reason of her not having fully
recovered from the effect of giving birth to the child or by reason of the effect of
lactation consequent on the birth of the child, then, notwithstanding that the
circumstances were such that but for the provisions of this section the offence
would have amounted to murder, she shall be guilty of a felony, to wit, infanticide,
and may for that offence be dealt with and punished as if she had been guilty of
manslaughter of the child.

211. Sentence of death not to be passed on pregnant woman

Where a woman convicted of an offence punishable with death is found in

accordance with the provisions of section 212 to be pregnant, the sentence to be
passed on her shall be a sentence of imprisonment for life instead of sentence of
death.

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212. Procedure where woman convicted of capital offence alleges she is

pregnant
(1) Where a woman convicted of an offence punishable with death alleges
that she is pregnant, or where the court before whom she is so convicted thinks
fit so to order, the question whether or not the woman is pregnant shall, before
sentence is passed on her, be determined by the trial judge.
(2) The question whether the woman is pregnant or not shall be determined
by the judge on such evidence as may be laid before him on the part of the
woman or on the part of the Republic, and the judge shall find that the woman is
not pregnant unless it is proved affirmatively to his satisfaction that she is
pregnant.
(3) Where in proceedings under this section the judge finds that the woman in
question is not pregnant, the woman may appeal to the Court of Appeal, and that
Court, if satisfied that for any reason the finding should be set aside, shall quash
the sentence passed on her and instead thereof pass on her a sentence of
imprisonment for life.
(4) If for any reason whatsoever the trial judge is unable to sit for the purpose
of determining the question whether or not the woman is pregnant, then some
other judge of the High Court shall sit and determine that question.
[Act No. 21 of 1966, 2nd Sch., Act No. 24 of 1967, Sch.]

213. Causing death defined

A person is deemed to have caused the death of another person although his
act is not the immediate or the sole cause of death in any of the following
cases—
(a) if he inflicts bodily injury on another person in consequence of which
that other person undergoes surgical or medical treatment which
causes death. In this case it is immaterial whether the treatment was
proper or mistaken, if it was employed in good faith and with
common knowledge and skill; but the person inflicting the injury is
not deemed to have caused the death if the treatment which was its
immediate cause was not employed in good faith or was so
employed without common knowledge or skill;
(b) if he inflicts bodily injury on another which would not have caused
death if the injured person had submitted to proper surgical or
medical treatment or had observed proper precautions as to his
mode of living;
(c) if by actual or threatened violence he causes such other person to
perform an act which causes the death of such person, such act
being a means of avoiding such violence which in the circumstances
would appear natural to the person whose death is so caused;
(d) if by any act or omission he hastened the death of a person
suffering under any disease or injury which apart from such act or
omission would have caused death;
(e) if his act or omission would not have caused death unless it had
been accompanied by an act or omission of the person killed or of
other persons.

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214. When child deemed to be a person

A child becomes a person capable of being killed when it has completely
proceeded in a living state from the body of its mother, whether it has breathed or
not, and whether it has an independent circulation or not, and whether the navel-
string is severed or not.

215. Limitation as to time of death

(1) A person is not deemed to have killed another if the death of that person
does not take place within a year and a day of the cause of death.
(2) Such period is reckoned inclusive of the day on which the last unlawful act
contributing to the cause of death was done.
(3) When the cause of death is an omission to observe or perform a duty, the
period is reckoned inclusive of the day on which the omission ceased.
(4) When the cause of death is in part an unlawful act, and in part an
omission to observe or perform a duty, the period is reckoned inclusive of the day
on which the last unlawful act was done or the day on which the omission
ceased, whichever is the later.

CHAPTER XX – DUTIES RELATING TO THE PRESERVATION OF LIFE

AND HEALTH

216. Responsibility of person who has charge of another

It is the duty of every person having charge of another who is unable by
reason of age, sickness, unsoundness of mind, detention or any other cause to
withdraw himself from such charge, and who is unable to provide himself with the
necessaries of life, whether the charge is undertaken under a contract or is
imposed by law, or arises by reason of any act, whether lawful or unlawful, of the
person who has such charge, to provide for that other person the necessaries of
life; and he shall be deemed to have caused any consequences which adversely
affect the life or health of the other person by reason of any omission to perform
that duty.

217. Duty of masters

It is the duty of every person who as master or mistress has contracted to
provide necessary food, clothing or lodging for any servant or apprentice under
the age of sixteen years to provide the same; and he or she shall be deemed to
have caused any consequences which adversely affect the life or health of the
servant or apprentice by reason of any omission to perform that duty.

218. Duty of persons doing dangerous acts

It is the duty of every person who, except in a case of necessity, undertakes
to administer surgical or medical treatment to any other person, or to do any
other lawful act which is or may be dangerous to human life or health, to have
reasonable skill and to use reasonable care in doing the act; and he shall be
deemed to have caused any consequences which adversely affect the life or
health of any person by reason of any omission to observe or perform that duty.

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219. Duty of persons in charge of dangerous things

It is the duty of every person who has in his charge or under his control
anything, whether living or inanimate, and whether moving or stationary, of such
a nature that, in the absence of care or precaution in its use or management, the
life, safety or health of any person may be endangered, to use reasonable care
and take reasonable precautions to avoid the danger; and he shall be deemed to
have caused any consequences which adversely affect the life or health of any
person by reason of any omission to perform that duty.

CHAPTER XXI – OFFENCES CONNECTED WITH MURDER AND SUICIDE

220. Attempt to murder
Any person who—
(a) attempts unlawfully to cause the death of another; or
(b) with intent unlawfully to cause the death of another does any act, or
omits to do any act which it is his duty to do, such act or omission
being of such a nature as to be likely to endanger human life,
is guilty of a felony and is liable to imprisonment for life.

221. Attempt to murder by convict

Any person who, being under a sentence of imprisonment for three years or
more, attempts to commit murder is liable to imprisonment for life.
[Act No. 5 of 2003, s. 39.]

222. Accessory after the fact to murder

Any person who becomes an accessory after the fact to murder is guilty of a
felony and is liable to imprisonment for life.
[Act No. 53 of 1952, Sch.]

223. Threats to kill

(1) Any person who without lawful excuse utters, or directly or indirectly
causes any person to receive, a threat, whether in writing or not, to kill any
person is guilty of a felony and is liable to imprisonment for ten years.
[Act No. 52 of 1955, s. 12, Act No. 5 of 2003, s. 40.]

(2) Deleted by Act No. 5 of 2003, s. 40.

224. Conspiracy to murder

Any person who conspires with any other person to kill any person, whether
that person is in Kenya or elsewhere, is guilty of a felony and is liable to
imprisonment for fourteen years.

225. Aiding suicide

Any person who—
(a) procures another to kill himself; or
(b) counsels another to kill himself and thereby induces him to do so; or
(c) aids another in killing himself,
is guilty of a felony and is liable to imprisonment for life.

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226. Attempting suicide

Any person who attempts to kill himself is guilty of a misdemeanour.

227. Concealing birth

Any person who, when a woman is delivered of a child, endeavours by any
secret disposition of the dead body of the child to conceal the birth, whether the
child died before, at or after its birth, is guilty of a misdemeanour.

228. Killing unborn child

Any person who, when a woman is about to be delivered of a child, prevents
the child from being born alive by any act or omission of such a nature that, if the
child had been born alive and had then died, he would be deemed to have
unlawfully killed the child, is guilty of a felony and is liable to imprisonment for life.

CHAPTER XXII – OFFENCES ENDANGERING LIFE AND HEALTH

229. Disabling in order to commit felony or misdemeanour

Any person who, by any means calculated to choke, suffocate or strangle,
and with intent to commit or to facilitate the commission of a felony or
misdemeanour, or to facilitate the flight of an offender after the commission or
attempted commission of a felony or misdemeanour, renders or attempts to
render any person incapable of resistance, is guilty of a felony and is liable to
imprisonment for life.
[Act No. 5 of 2003, s. 41.]

230. Stupefying in order to commit felony or misdemeanour

Any person who, with intent to commit or to facilitate the commission of a
felony or misdemeanour, or to facilitate the flight of an offender after the
commission or attempted commission of a felony or misdemeanour, administers
or attempts to administer any stupefying or overpowering drug or thing to any
person, is guilty of a felony and is liable to imprisonment for life.

231. Acts intended to cause grievous harm or to prevent arrest

Any person who, with intent to maim, disfigure or disable any person, or to do
some grievous harm to any person, or to resist or prevent the lawful arrest or
detention of any person—
(a) unlawfully wounds or does any grievous harm to any person by any
means whatever; or
(b) unlawfully attempts in any manner to strike any person with any kind
of projectile or with a spear, sword, knife or other dangerous or
offensive weapon; or
(c) unlawfully causes any explosive substance to explode; or
(d) sends or delivers any explosive substance or other dangerous or
noxious thing to any person; or
(e) causes any such substance or thing to be taken or received by any
person; or

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(f) puts any corrosive fluid or any destructive or explosive substance in

any place; or
(g) unlawfully casts or throws any such fluid or substance at or upon
any person, or otherwise applies any such fluid or substance to the
person of any person,
is guilty of a felony and is liable to imprisonment for life.
[Act No. 54 of 1960, s. 27, Act No. 5 of 2003, s. 42.]

232. Preventing escape from wreck

Any person who unlawfully—
(a) prevents or obstructs any person who is on board of, or is escaping
from, a vessel which is in distress or wrecked, in his endeavours to
save his life; or
(b) obstructs any person in his endeavours to save the life of any
person so situated,
is guilty of a felony and is liable to imprisonment for life.
233. Intentionally endangering safety of persons travelling by railway
Any person who, with intent to injure or to endanger the safety of any person
travelling by any railway, whether a particular person or not—
(a) places anything on the railway; or
(b) deals with the railway, or with anything whatever upon or near the
railway, in such a manner as to affect or endanger the free and safe
use of the railway or the safety of any such person; or
(c) shoots or throws anything at, into or upon, or causes anything to
come into contact with, any person or thing on the railway; or
(d) shows any light or signal, or in any way deals with any existing light
or signal, upon or near the railway; or
(e) by any omission to do any act which it is his duty to do causes the
safety of any such person to be endangered,
is guilty of a felony and is liable to imprisonment for life.
[Act No. 5 of 2003, s. 43.]

234. Grievous harm

Any person who unlawfully does grievous harm to another is guilty of a felony
and is liable to imprisonment for life.
[Act No. 53 of 1952, Sch., Act No. 54 of 1960, s. 27, Act No. 5 of 2003, s. 44.]

235. Attempting to injure by explosive substances

Any person who unlawfully, and with intent to do any harm to another, puts
any explosive substance in any place whatever, is guilty of a felony and is liable
to imprisonment for fourteen years.
236. Maliciously administering poison with intent to harm
Any person who unlawfully, and with intent to injure or annoy another, causes
any poison or noxious thing to be administered to, or taken by, any person, and
thereby endangers his life, or does him grievous harm, is guilty of a felony and is
liable to imprisonment for fourteen years.

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237. Unlawful wounding or poisoning.

Any person who—
(a) unlawfully wounds another; or
(b) unlawfully, and with intent to injure or annoy any person, causes any
poison or other noxious thing to be administered to, or taken by, any
person,
is guilty of a misdemeanour and is liable to imprisonment for five years.
[Act No. 53 of 1952, Sch., Act No. 54 of 1960, s. 28, Act No. 5 of 2003, s. 45.]

238. Intimidation and molestation.

(1) Any person who intimidates or molests any other person is guilty of an
offence and is liable to imprisonment for a term not exceeding three years.
[Act No. 54 of 1960, s. 29.]

(2) A person intimidates another person who, with intent to cause alarm to
that person or to cause him to do any act which he is not legally bound to do or to
omit to do any act which he is legally entitled to do, causes or threatens to cause
unlawful injury to the person, reputation or property of that person or anyone in
whom that person is interested.
(3) A person molests another person who, with intent as aforesaid, dissuades
or attempts to dissuade, by whatever means, anyone from entering or
approaching or dealing at any premises at which that person carries on trade or
business or works or otherwise from dealing with that person, or with any person
by whom that person is employed, in the course of his trade or business, or
watches and besets any premises where that person resides or works or carries
on trade or business or happens to be, or the approaches to such premises, or
persistently follows that person or anyone in whom that person is interested from
place to place, or interferes with any property owned or used by, or deprives of or
hinders in the use of such property, that person or anyone in whom that person is
interested.
(4) Nothing in subsection (3) shall apply to any peaceful picketing which is
lawful under the provisions of any law relating to trade unions or trade disputes
within the meaning of the Trade Unions Act (Cap. 233).

239. Failure to supply necessaries

Any person who, being charged with the duty of providing for another the
necessaries of life, without lawful excuse fails to do so, whereby the life of that
other person is or is likely to be endangered or his health is or is likely to be
permanently injured, is guilty of a felony and is liable to imprisonment for three
years.

240. Surgical operation

A person is not criminally responsible for performing in good faith and with
reasonable care and skill a surgical operation upon any person for his benefit, or
upon an unborn child for the preservation of the mother's life, if the performance
of the operation is reasonable, having regard to the patient's state at the time and
to all the circumstances of the case.

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241. Excess of force

Any person authorized by law or by the consent of the person injured by him
to use force is criminally responsible for any excess, according to the nature and
quality of the act which constitutes the excess.

242. Consent
Notwithstanding anything contained in section 241, consent by a person to the
causing of his own death or his own maim does not affect the criminal
responsibility of any person by whom the death or maim is caused.

242A. Supply of harmful substances to children

(1) Any person who supplies or offers to a child—
(a) any petroleum distillate, glue or other substance consisting of or
containing matter having stupefying or hallucinogenic properties; or
(b) any substance which the Minister responsible for health has
declared, by notice published in the Gazette, to be a substance to
which this section applies,
with intent that the child should inhale, consume or otherwise abuse the
substance, or knowing or having reasonable cause to suspect that the child is
likely to do so, is guilty of a misdemeanour and liable to imprisonment for three
years.
(2) The provisions of this section are in addition to, and do not limit the
operation of—
(a) any provision of Chapter XX or XXII or any other provision of this
Code;
(b) the provisions of section 16 and 22 of the Children Act (No. 8 of
2001); or
(c) the provisions of the Narcotic Drugs and Psychotropic Substances
(Control) Act (No. 4 of 1994.) or any other written law.

(3) In this section, “child” means a person under the age of eighteen years.
[Act No. 5 of 2003, s. 46.]

CHAPTER XXIII – CRIMINAL RECKLESSNESS AND NEGLIGENCE

243. Reckless and negligent acts
Any person who, in a manner so rash or negligent as to endanger human life
or to be likely to cause harm to any other person—
(a) drives any vehicle or rides on any public way; or
(b) navigates, or takes part in the navigation or working of, any vessel;
or
(c) does any act with fire or any combustible matter, or omits to take
precautions against any probable danger from any fire or any
combustible matter in his possession; or
(d) omits to take precautions against any probable danger from any
animal in his possession; or

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(e) gives medical or surgical treatment to any person whom he has

undertaken to treat; or
(f) dispenses, supplies, sells, administers or gives away any medicine
or poisonous or dangerous matter; or
(g) does any act with respect to, or omits to take proper precautions
against any probable danger from, any machinery of which he is
solely or partly in charge; or
(h) does any act with respect to, or omits to take proper precautions
against any probable danger from, any explosive in his possession,
is guilty of a misdemeanour.

244. Other negligent acts causing harm.

Any person who unlawfully does any act, or omits to do any act which it is his
duty to do, not being an act or omission specified in section 243 by which act or
omission harm is caused to any person, is guilty of a misdemeanour and is liable
to imprisonment for six months.
[Act No. 52 of 1955, s. 14.]

245. Dealing in poisonous substances in negligent manner

Whoever does, with any poisonous substance, any act in a manner so rash or
negligent as to endanger human life, or to be likely to cause hurt or injury to any
other person, or knowingly or negligently omits to take such care with any
poisonous substance in his possession as is sufficient to guard against probable
danger to human life from such poisonous substance, is guilty of a
misdemeanour and is liable to imprisonment for six months or to a fine of seven
thousand shillings.
[Act No. 40 of 1952, Sch.]

246. Endangering safety of persons travelling by railway

Any person who, by any unlawful act or omission not specified in section 233,
causes the safety of any person travelling by any railway to be endangered, is
guilty of a misdemeanour.

247. Exhibition of false light, mark or buoy

Any person who exhibits any false light, mark or buoy, intending or knowing it
to be likely that the exhibition will mislead any navigator, is liable to imprisonment
for seven years.

248. Conveying person by water for hire in unsafe or overloaded vessel

Any person who knowingly or negligently conveys, or causes to be conveyed
for hire, any person by water in any vessel, when that vessel is in such a state or
so loaded as to be unsafe, is guilty of a misdemeanour.

249. Danger or obstruction in public way or line of navigation

Any person who by doing any act, or by omitting to take reasonable care with
any property in his possession or under his charge, causes danger, obstruction
or injury to any person in any public way or public line of navigation, is liable to a
fine.

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CHAPTER XXIV – ASSAULTS

250. Common assault
Any person who unlawfully assaults another is guilty of a misdemeanour and,
if the assault is not committed in circumstances for which a greater punishment is
provided in this Code, is liable to imprisonment for one year.

251. Assault causing actual bodily harm

Any person who commits an assault occasioning actual bodily harm is guilty
of a misdemeanour and is liable to imprisonment for five years.
[Act No. 5 of 2003, s. 47.]

252. Assault on persons protecting wreck

Any person who assaults and strikes or wounds any magistrate, officer or
other person lawfully authorized in or on account of the execution of his duty in or
concerning the preservation of any vessel in distress, or of any vessel or goods
or effects wrecked, stranded or cast on shore, or lying under water, is guilty of a
misdemeanour and is liable to imprisonment for seven years.

253. Other assaults

Any person who—
(a) assaults any person with intent to commit a felony or to resist or
prevent the lawful apprehension or detainer of himself or of any
other person for any offence; or
(b) assaults, resists or wilfully obstructs any police officer in the due
execution of his duty, or any person acting in aid of that officer; or
(c) assaults any person in pursuance of any unlawful combination or
conspiracy to raise the rate of wages, or respecting any trade,
business or manufacture or respecting any person concerned or
employed therein; or
(d) assaults, resists or obstructs any person engaged in lawful
execution of process, or in making a lawful distress, with intent to
rescue any property lawfully taken under such process or distress;
or
(e) assaults any person on account of any act done by him in the
execution of any duty imposed on him by law,
is guilty of a misdemeanour and is liable to imprisonment for five years.

CHAPTER XXV – OFFENCES AGAINST LIBERTY

254. Definition of kidnapping from Kenya
Any person who conveys any person beyond the limits of Kenya without the
consent of that person, or of some person legally authorized to consent on behalf
of that person, is said to kidnap that person from Kenya.

255. Definition of kidnapping from lawful guardianship

Any person who takes or entices any minor under fourteen years of age if a
male, or under sixteen years of age if a female, or any person of unsound mind,

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out of the keeping of a lawful guardian of the minor or person of unsound mind,
without the consent of the guardian, is said to kidnap the minor or person from
lawful guardianship.

256. Definition of abduction

Any person who by force compels, or by any deceitful means induces, any
person to go from any place is said to abduct that person.

257. Punishment for kidnapping

Any person who kidnaps any person from Kenya or from lawful guardianship
is guilty of a felony and is liable to imprisonment for seven years.

258. Kidnapping or abducting in order to murder

Any person who kidnaps or abducts any person in order that the person may
be murdered, or may be so disposed of as to be put in danger of being
murdered, is guilty of a felony and is liable to imprisonment for ten years.

259. Kidnapping or abducting with intent to confine

Any person who kidnaps or abducts any person with intent to cause that
person to be secretly and wrongfully confined is guilty of a felony and is liable to
imprisonment for seven years.

260. Kidnapping or abducting in order to subject to grievous harm,

slavery, etc.
Any person who kidnaps or abducts any person in order that the person may
be subjected, or may be so disposed of as to be put in danger of being subjected
to grievous harm, or knowing it to be likely that such person will be so subjected
or disposed of, is guilty of a felony and is liable to imprisonment for ten years.
[Act No. 8 of 2010, Second Sch.]

261. Wrongfully concealing or keeping in confinement kidnapped or

abducted person
Any person who, knowing that any person has been kidnapped or has been
abducted, wrongfully conceals or confines such person is guilty of a felony and
shall be punished in the same manner as if he had kidnapped or abducted such
person with the same intention or knowledge, or for the same purpose, as that
with or for which he conceals or detains such person in confinement.

262. Kidnapping or abducting child under fourteen years with intent to

steal from its person
Any person who kidnaps or abducts any child under the age of fourteen years
with the intention of taking dishonestly any movable property from the person of
such child is guilty of a felony and is liable to imprisonment for seven years.

263. Punishment for wrongful confinement

Whoever wrongfully confines any person is guilty of a misdemeanour and is
liable to imprisonment for one year or to a fine of fourteen thousand shillings.
[Act No. 40 of 1952, Sch.]

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264. Deleted by Act No. 8 of 2010, Second Sch.

265. Deleted by Act No. 8 of 2010, Second Sch.

266. Unlawful compulsory labour

Any person who unlawfully compels any person to labour against the will of
that person is guilty of a misdemeanour.

266A. Offences Under Part

Where it appears that any of the offences specified under this Part is
committed for the purpose of exploitation, the person committing the offence
shall be charged with the appropriate offence as specified in the Counter
Trafficking in Persons Act.
[Act No. 8 of 2010, 2nd. Sch.]

Division V – Offences relating to Property

CHAPTER XXVI – THEFT
267. Things capable of being stolen
(1) Every inanimate thing whatever which is the property of any person, and
which is movable, is capable of being stolen.
(2) Every inanimate thing which is the property of any person, and which is
capable of being made movable, is capable of being stolen as soon as it
becomes movable, although it is made movable in order to steal it.
(3) Every tame animal, whether tame by nature or wild by nature and
subsequently tamed, which is the property of any person is capable of being
stolen.
(4) Animals wild by nature, of a kind which is not ordinarily found in a
condition of natural liberty in Kenya, which are the property of any person, and
which are usually kept in a state of confinement, are capable of being stolen,
whether they are actually in confinement or have escaped from confinement.
(5) Animals wild by nature, of a kind which is ordinarily found in a condition of
natural liberty in Kenya, which are the property of any person, are capable of
being stolen while they are in confinement, and while they are being actually
pursued after escaping from confinement, but not at any other time.
(6) An animal wild by nature is deemed to be in a state of confinement so
long as it is in a den, cage, sty, tank or other small enclosure, or is otherwise so
placed that it cannot escape and that its owner can take possession of it at
pleasure.
(7) Wild animals in the enjoyment of their natural liberty are not capable of
being stolen, but their dead bodies are capable of being stolen.
(8) Everything produced by or forming part of the body of an animal capable
of being stolen is capable of being stolen.
(9) Information is capable of being stolen.
[Act No. 1 of 2009, Sixth Sch.]

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268. Definition of stealing

(1) A person who fraudulently and without claim of right takes anything
capable of being stolen, or fraudulently converts to the use of any person, other
than the general or special owner thereof, any property, is said to steal that thing
or property.
(2) A person who takes anything capable of being stolen or who converts any
property is deemed to do so fraudulently if he does so with any of the following
intents, that is to say—
(a) an intent permanently to deprive the general or special owner of the
thing of it;
(b) an intent to use the thing as a pledge or security;
(c) an intent to part with it on a condition as to its return which the
person taking or converting it may be unable to perform;
(d) an intent to deal with it in such a manner that it cannot be returned
in the condition in which it was at the time of the taking or
conversion;
(e) in the case of money, an intent to use it at the will of the person who
takes or converts it, although he may intend afterwards to repay the
amount to the owner;
and “special owner” includes any person who has any charge or lien upon the
thing in question, or any right arising from or dependent upon holding possession
of the thing in question.
(3) When a thing stolen is converted, it is immaterial whether it is taken for
the purpose of conversion, or whether it is at the time of the conversion in the
possession of the person who converts it; and it is also immaterial that the
person who converts the thing in question is the holder of a power of attorney for
the disposition of it, or is otherwise authorized to dispose of it.
(4) When a thing converted has been lost by the owner and found by the
person who converts it, the conversion is not deemed to be fraudulent if at the
time of the conversion the person taking or converting the thing does not know
who is the owner, and believes on reasonable grounds that the owner cannot be
discovered.
(5) A person shall not be deemed to take a thing unless he moves the thing
or causes it to move.
[Act No. 54 of 1960, s. 30.]

269. Special cases

(1) When a factor or agent pledges or gives a lien on any goods or document
of title to goods entrusted to him for the purpose of sale or otherwise for any sum
of money not greater than the amount due to him from his principal at the time of
pledging or giving the lien, together with the amount of any bill of exchange or
promissory note accepted or made by him for or on account of his principal, such
dealing with the goods or document of title is not deemed to be theft.
(2) When a servant, contrary to his master's orders, takes from his
possession any food in order that it may be given to an animal belonging to or in
the possession of his master, such taking is not deemed to be theft.

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270. Funds, etc., held under direction

When a person receives, either alone or jointly with another person, any
money or valuable security or a power of attorney for the sale, mortgage, pledge
or other disposition of any property, whether capable of being stolen or not, with
a direction in either case that such money or any part thereof, or any other
money received in exchange for it, or any part thereof, or the proceeds or any
part of the proceeds of such security, or of such mortgage, pledge or other
disposition, shall be applied to any purpose or paid to any person specified in the
direction, such money and proceeds are deemed to be the property of the person
from whom the money, security or power of attorney was received until the
direction has been complied with.

271. Funds, etc., received by agents for sale

When a person receives, either alone or jointly with another person, any
property from another on terms authorizing or requiring him to sell it or otherwise
dispose of it, and requiring him to pay or account for the proceeds of the
property, or any part of such proceeds, or to deliver anything received in
exchange for the property, to the person from whom it is received or some other
person, then the proceeds of the property, and anything so received in exchange
for it, are deemed to be the property of the person from whom the property was
so received, until they have been disposed of in accordance with the terms on
which the property was received, unless it is a part of those terms that proceeds,
if any, shall form an item in a debtor and creditor account between him and the
person to whom he is to pay them or account for them and that the relation of
debtor and creditor only shall exist between them in respect thereof.

272. Money received for another

When a person receives, either alone or jointly with another person, any
money on behalf of another, the money is deemed to be the property of the
person on whose behalf it is received, unless the money is received on the terms
that it shall form an item in a debtor and creditor account, and that the relation of
debtor and creditor only shall exist between the parties in respect of it.

273. Theft by person having an interest in the thing stolen

When any person takes or converts anything capable of being stolen, under
such circumstances as would otherwise amount to theft, it is immaterial that he
himself has a special property or interest therein, or that he himself is the owner
of the thing taken or converted subject to some special property or interest of
some other person therein, or that he is lessee of the thing, or that he himself is
one of two or more joint owners of the thing, or that he is a director or officer of a
corporation or company or society who are the owners of it.

274. Husband and wife

A person who, while a man and his wife are living together, procures either of
them to deal with anything which is, to his knowledge, the property of the other in
a manner which would be theft if they were not married, is deemed to have stolen
the thing, and may be charged with theft.

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275. General punishment for theft

Any person who steals anything capable of being stolen is guilty of the felony
termed theft and is liable, unless owing to the circumstances of the theft or the
nature of the thing stolen some other punishment is provided, to imprisonment for
three years.

276. Stealing wills

If the thing stolen is a testamentary instrument, whether the testator is living or
dead, the offender is liable to imprisonment for ten years.

277. Stealing postal matter, etc.

If the thing stolen is postal matter or any chattel, money or valuable security
contained in any postal matter, the offender is liable to imprisonment for ten
years.

278. Stealing stock

If the thing stolen is any of the following things, that is to say, a horse, mare,
gelding, ass, mule, camel, ostrich, bull, cow, ox, ram, ewe, wether, goat or pig, or
the young thereof the offender is liable to imprisonment for a period not
exceeding fourteen years.
[Act No. 22 of 1987, Sch., Act No. 5 of 2003, s. 48.]

278A. Stealing motor vehicle

If the thing stolen is a motor vehicle within the meaning of the Traffic Act (Cap.
403), the offender is liable to imprisonment for seven years.
[Act No. 24 of 1967, s. 8, Act No. 5 of 2003, s. 49.]

278B. Stealing fishing gear

If the thing stolen is fishing gear within the meaning of the Fisheries Act, 1988
(Cap. 378), the offender is liable to imprisonment for five years.
[Act No. 24 of 1968, s. 15, Act No. 5 of 2003, s. 50.]

279. Stealing from the person; stealing goods in transit, etc.

If the theft is committed under any of the circumstances following, that is to
say—
(a) if the thing is stolen from the person of another;
(b) if the thing is stolen in a dwelling-house, and its value exceeds one
hundred shillings, or the offender at or immediately before or after
the time of stealing uses or threatens to use violence to any person
in the dwelling-house;
(c) if the thing is stolen from any kind of vessel or vehicle or place of
deposit used for the conveyance or custody of goods in transit from
one place to another;
(d) if the thing stolen is attached to or forms part of a railway;
(e) if the thing is stolen from a vessel which is in distress or wrecked or
stranded;

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(f) if the thing is stolen from a public office in which it is deposited or

kept;
(g) if the offender, in order to commit the offence, opens any locked
room, box, vehicle or other receptacle, by means of a key or other
instrument,
the offender is liable to imprisonment for fourteen years.
[Act No. 53 of 1952, Sch., Act No. 24 of 1967, Sch., Act No. 5 of 2003, s. 51.]

280. Stealing by persons in the public service

If the offender is a person employed in the public service and the thing stolen
is the property of the Government, or came into the possession of the offender by
virtue of his employment, he is liable to imprisonment for seven years.
[L.N.236/1964.]

281. Stealing by clerks and servants

If the offender is a clerk or servant, and the thing stolen is the property of his
employer, or came into the possession of the offender on account of his
employer, he is liable to imprisonment for seven years.

282. Stealing by directors or officers of companies

If the offender is a director or officer of a corporation or company, and the
thing stolen is the property of the corporation or company, he is liable to
imprisonment for seven years.

283. Stealing by agents, etc.

If the thing stolen is any of the things following, that is to say—
(a) property which has been received by the offender with a power of
attorney for the disposition thereof;
(b) property which has been entrusted to the offender either alone or
jointly with any other person for him to retain in safe custody or to
apply, pay or deliver for any purpose or to any person the same or
any part thereof or any proceeds thereof;
(c) property which has been received by the offender either alone or
jointly with any other person for or on account of any other person;
(d) the whole or part of the proceeds of any valuable security which has
been received by the offender with a direction that the proceeds
thereof should be applied to any purpose or paid to any person
specified in the direction;
(e) the whole or part of the proceeds arising from any disposition of any
property which has been received by the offender by virtue of a
power of attorney for such disposition, such power of attorney
having been received by the offender with a direction that such
proceeds should be applied to any purpose or paid to any person
specified in the direction,
the offender is liable to imprisonment for seven years.

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284. Stealing by tenants or lodgers

If the thing stolen is a fixture or chattel let to the offender to be used by him
with a house or lodging, and its value exceeds one hundred shillings, he is liable
to imprisonment for seven years.

285. Stealing after previous conviction

If the offender, before committing the theft, had been convicted of a theft
punishable under any of sections 275 to 284 inclusive, he is liable to
imprisonment for seven years.

CHAPTER XXVII – OFFENCES ALLIED TO STEALING

286. Concealing registers

Any person who, with intent to defraud, conceals or takes from its place of
deposit any register which is authorized or required by law to be kept for
authenticating or recording the title to any property, or for recording births,
baptisms, marriages, deaths or burials, or a copy of any part of any such register
which is required by law to be sent to any public office, is guilty of a felony and is
liable to imprisonment for ten years.

287. Concealing wills

Any person who, with intent to defraud, conceals any testamentary
instrument, whether the testator is living or dead is guilty of a felony and is liable
to imprisonment for seven years.

288. Concealing deeds

Any person who, with intent to defraud, conceals the whole or part of any
document which is evidence of title to any land or estate in land, is guilty of a
felony and is liable to imprisonment for three years.

289. Killing animals with intent to steal

Any person who kills any animal capable of being stolen with intent to steal
the skin or carcass, or any part of the skin or carcass, is guilty of an offence and
is liable to the same punishment as if he had stolen the animal.

290. Severing with intent to steal

Any person who makes anything movable with intent to steal it is guilty of an
offence and is liable to the same punishment as if he had stolen the thing after it
had become movable.

291. Fraudulent disposition of mortgaged goods

(1) Any person who, being the mortgagor of mortgaged goods, removes or
disposes of the goods without the consent of the mortgagee, and with intent to
defraud, is guilty of a misdemeanour.
(2) In this section, “mortgaged goods” includes any goods and chattels of any
kind, and any animals, and any progeny of any animals, and any crops or

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produce of the soil, whether growing or severed, which are subject for the time
being, by virtue of any instrument or any written law, to a valid charge or lien by
way of security for any debt or obligation.
[Act No. 24 of 1967, Sch.]

292. Fraudulently dealing with minerals in mines

Any person who takes, conceals or otherwise disposes of any ore or any
metal or mineral in or about a mine, with intent to defraud any person, is guilty of
a felony and is liable to imprisonment for five years.

293. Fraudulent appropriation of power

Any person who fraudulently abstracts or diverts to his own use or to the use
of any other person any mechanical, illuminating or electrical power derived from
any machine, apparatus or substance, the property of another person, is guilty of
a felony and is liable to imprisonment for five years.

294. Unlawful use of vehicles, animals, etc.

Any person who unlawfully and without colour of right, but not so as to be
guilty of stealing, takes or converts to his own use or to the use of any other
person any draught or riding animal or any vehicle or cycle, however propelled,
or any vessel, is guilty of a misdemeanour and is liable to imprisonment for six
months or to a fine of three thousand shillings or to both.
[Act No. 40 of 1952, Sch.]

CHAPTER XXVIII – ROBBERY AND EXTORTION

295. Definition of robbery

Any person who steals anything, and, at or immediately before or immediately
after the time of stealing it, uses or threatens to use actual violence to any person
or property in order to obtain or retain the thing stolen or to prevent or overcome
resistance to its being stolen or retained, is guilty of the felony termed robbery.

296. Punishment of robbery

(1) Any person who commits the felony of robbery is liable to imprisonment
for fourteen years.
(2) If the offender is armed with any dangerous or offensive weapon or
instrument, or is in company with one or more other person or persons, or if, at or
immediately before or immediately after the time of the robbery, he wounds,
beats, strikes or uses any other personal violence to any person, he shall be
sentenced to death.
[Act No. 24 of 1967, Sch., Act No. 3 of 1969, 1st Sch., Act No. 25 of 1971, s. 3, Act No. 1 of 1973, s. 2,
Act No. 9 of 1976, s. 2, Act No. 5 of 2003, s. 52.]

297. Attempted robbery

(1) Any person who assaults any person with intent to steal anything, and, at
or immediately before or immediately after the time of the assault, uses or

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threatens to use actual violence to any person or property in order to obtain the
thing intended to be stolen, or to prevent or overcome resistance to its being
stolen, is guilty of a felony and is liable to imprisonment for seven years.
(2) If the offender is armed with any dangerous or offensive weapon or
instrument, or is in company with one or more other person or persons, or if, at or
immediately before or immediately after the time of the assault, he wounds,
beats, strikes or uses any other personal violence to any person, he shall be
sentenced to death.
[Act No. 3 of 1969, 1st Sch., Act No. 25 of 1971, s. 3, Act No. 1 of 1973, s. 3, Act No. 9 of 1976, s. 3,
Act No. 5 of 2003, s. 53.]

298. Assault with intent to steal

Any person who assaults any person with intent to steal anything is guilty of a
felony and is liable to imprisonment for five years.
[Act No. 53 of 1952, Sch.]

299. Demanding property by written threats

Any person who, with intent to extort or gain anything from any person, and
knowing the contents of the writing, causes any person to receive any writing
demanding anything from any person without reasonable or probable cause, and
containing threats of any injury or detriment of any kind to be caused to any
person, either by the offender or any other person, if the demand is not complied
with, is guilty of a felony and is liable to imprisonment for fourteen years.

300. Attempts at extortion by threats

(1) Any person who, with intent to extort or gain anything from any person—
(a) accuses or threatens to accuse any person of committing any felony
or misdemeanour, or of offering or making any solicitation or threat
to any person as an inducement to commit or permit the commission
of any felony or misdemeanour; or
(b) threatens that any person shall be accused by any other person of
any felony or misdemeanour, or of any such act; or
(c) knowing the contents of the writing, causes any person to receive
any writing containing any such accusation or threat as aforesaid,
is guilty of a felony, and if the accusation or threat of accusation is
of—
(i) an offence for which the punishment of death or imprisonment
for life may be inflicted; or
(ii) any of the offences defined in Chapter XV, or an attempt to
commit any of such offences; or
(iii) an assault with intent to have carnal knowledge of any person
against the order of nature, or an unlawful and indecent
assault upon a male person; or
(iv) a solicitation or threat offered or made to any person as an
inducement to commit or permit the commission of any of the
offences aforesaid,

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the offender is liable to imprisonment for fourteen years; and in any other case
the offender is liable to imprisonment for three years.

(2) It is immaterial whether the person accused or threatened to be accused

has or has not committed the offence or act of which he is accused or threatened
to be accused.

301. Procuring execution of deeds, etc., by threats

Any person who, with intent to defraud, and by means of any unlawful
violence to, or restraint of, the person of another, or by means of any threat of
violence or restraint to be used to the person of another, or by means of accusing
or threatening to accuse any person of committing any felony or misdemeanour,
or by offering or making any solicitation or threat to any person as an inducement
to commit or permit the commission of any offence, compels or induces any
person—
(a) to execute, make, accept, endorse, alter or destroy the whole or any
part of any valuable security; or
(b) to write any name or impress or affix any seal upon or to any paper
or parchment, in order that it may be afterwards made or converted
into or used or dealt with as a valuable security,
is guilty of a felony and is liable to imprisonment for fourteen years.

302. Demanding property with menaces

Any person who, with intent to steal any valuable thing, demands it from any
person with menaces or force is guilty of a felony and is liable to imprisonment
for ten years.
[Act No. 53 of 1952, Sch.]

CHAPTER XXIX – BURGLARY, HOUSEBREAKING AND SIMILAR

OFFENCES

303. Definition of breaking and entering

(1) A person who breaks any part, whether external or internal, of a building,
or opens by unlocking, pulling, pushing, lifting or any other means whatever any
door, window, shutter, cellar flap or other thing intended to close or cover an
opening in a building, or an opening giving passage from one part of a building to
another, is deemed to break the building.
[Act No. 42 of 1951, s. 11.]

(2) A person is deemed to enter a building as soon as any part of his body or
any part of any instrument used by him is within the building.

(3) A person who obtains entrance into a building by means of any threat or
artifice used for that purpose, or by collusion with any person in the building, or
who enters any aperture of the building left open for any purpose, but not
intended to be ordinarily used as a means of entrance, is deemed to have broken
and entered the building.

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304. Housebreaking and burglary

(1) Any person who—
(a) breaks and enters any building, tent or vessel used as a human
dwelling with intent to commit a felony therein; or
(b) having entered any building, tent or vessel used as a human
dwelling with intent to commit a felony therein, or having committed
a felony in any such building, tent or vessel, breaks out thereof,
is guilty of the felony termed housebreaking and is liable to imprisonment for
seven years.
(2) If the offence is committed in the night, it is termed burglary, and the
offender is liable to imprisonment for ten years.
[Act No. 24 of 1967, Sch., Act No. 5 of 2003, s. 54.]

305. Entering dwelling-house with intent to commit felony

(1) Any person who enters or is in any building, tent or vessel used as a
human dwelling with intent to commit a felony therein is guilty of a felony and is
liable to imprisonment for five years.
(2) If the offence is committed in the night, the offender is liable to
imprisonment for seven years.

306. Breaking into building and committing felony

Any person who—
(a) breaks and enters a schoolhouse, shop, warehouse, store, office,
counting-house, garage, pavilion, club, factory or workshop, or any
building belonging to a public body, or any building or part of a
building licensed for the sale of intoxicating liquor, or a building
which is adjacent to a dwelling-house and occupied with it but is not
part of it, or any building used as a place of worship, and commits a
felony therein; or
(b) breaks out of the same having committed any felony therein,
is guilty of a felony and is liable to imprisonment for seven years.
[Act No. 42 of 1951, s. 12, L.N. 427/1963, L.N. 124/1964, Act No. 24 of 1967, Sch.,
Act No. 5 of 2003, s. 55.]

307. Breaking into building with intent to commit felony

Any person who breaks and enters a schoolhouse, shop, warehouse, store,
office, counting-house, garage, pavilion, club, factory or workshop, or any
building belonging to a public body, or any building or part of a building licensed
for the sale of intoxicating liquor, or a building which is adjacent to a dwelling-
house and occupied with it but is not part of it, or any building used as a place of
worship, with intent to commit a felony therein, is guilty of a felony and is liable to
imprisonment for five years.
[Act No. 42 of 1951, s. 12, L.N. 427/1963, L.N. 124/1964, Act No. 24 of 1967, Sch.]

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308. Preparations to commit felony

(1) Any person found armed with any dangerous or offensive weapon in
circumstances that indicate that he was so armed with intent to commit any
felony is guilty of a felony and is liable to imprisonment of not less than seven
years and not more than fifteen years.
(2) Any person who, when not at his place of abode, has with him any article
for use in the course of or in connexion with any burglary, theft or cheating is
guilty of a felony, and where any person is charged with an offence under this
subsection proof that he had with him any article made or adapted for use in
committing a burglary, theft or cheating shall be evidence that he had it with him
for such use.
(3) Any person who is found—
(a) having his face masked or blackened, or being otherwise disguised,
with intent to commit a felony; or
(b) in any building whatever by night with intent to commit a felony
therein; or
(c) in any building whatever by day with intent to commit a felony
therein, having taken precautions to conceal his presence,
is guilty of a felony.
(4) Any person guilty of a felony under subsection (2) or (3) is liable to
imprisonment with hard labour for five years or, if he has previously been
convicted of a felony relating to property, to such imprisonment for ten years.
[Act No. 3 of 1969, s. 4, Act No. 22 of 1987, Sch., .Act No. 11 of 1993, Sch., Act No. 5 of 2003, s. 56.]

309. Repealed by Act No. 48 of 1962, s. 13(1).

310. Forfeiture of housebreaking instruments

When any person is convicted of an offence under this Chapter, the court may
order that any dangerous or offensive weapon or instrument of housebreaking
carried or used in connexion with any such offence shall be forfeited.

311. Forfeiture of aircraft, vessel or vehicle, and penalty for interfering

with aircraft, vessel or vehicle when detained
(1) Where any person is convicted of an offence, or of an attempt to commit
an offence or of counselling or procuring the commission of an offence, under the
provisions of this Chapter, or of Chapter XXVI or Chapter XXVIII or section 322,
and the court by which the person is convicted finds that any aircraft, vessel or
vehicle was used or employed by that person in the commission or to facilitate
the commission of the offence of which he is convicted, the aircraft, vessel or
vehicle may be forfeited.
(2) An aircraft, vessel or vehicle which is liable to forfeiture under subsection
(1) shall be dealt with in accordance with section 389A of the Criminal Procedure
Code (Cap. 75).
(3) Deleted by Act No. 24 of 1967, Sch.

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(4) Any person who damages or unlawfully removes any aircraft, vessel or
vehicle while it is detained under section 26 of the Criminal Procedure Code is
guilty of a misdemeanour.
(5) For the purposes of this section, “aircraft”, “vessel” and “vehicle”,
respectively, include everything contained in, being on or attached to any aircraft,
vessel or vehicle, as the case may be, which, in the opinion of the court, forms
part of the equipment of the aircraft, vessel or vehicle.
[Act No. 54 of 1960, s. 31, Act No. 24 of 1967, Sch.]

CHAPTER XXX – FALSE PRETENCES

312. Definition of false pretence

Any representation, made by words, writing or conduct, of a matter of fact,
either past or present, which representation is false in fact, and which the person
making it knows to be false or does not believe to be true, is a false pretence.

313. Obtaining by false pretences

Any person who by any false pretence, and with intent to defraud, obtains
from any other person anything capable of being stolen, or induces any other
person to deliver to any person anything capable of being stolen, is guilty of a
misdemeanour and is liable to imprisonment for three years.
[Act No. 42 of 1951, s. 13.]

314. Obtaining execution of a security by false pretences

Any person who by any false pretence, and with intent to defraud, induces
any person to execute, make, accept, endorse, alter or destroy the whole or any
part of any valuable security, or to write any name or impress or affix any seal
upon or to any paper or parchment in order that it may be afterwards made or
converted into or used or dealt with as a valuable security, is guilty of a
misdemeanour and is liable to imprisonment for three years.

315. Cheating
Any person who by means of any fraudulent trick or device obtains from any
other person anything capable of being stolen, or induces any other person to
deliver to any person anything capable of being stolen or to pay or deliver to any
person any money or goods or any greater sum of money or greater quantity of
goods than he would have paid or delivered but for such trick or device, is guilty
of a misdemeanour and is liable to imprisonment for three years.

316. Obtaining credit, etc., by false pretences

Any person who—
(a) in incurring any debt or liability, obtains credit by any false pretence
or by means of any other fraud; or
(b) with intent to defraud his creditors or any of them, makes or causes
to be made any gift, delivery or transfer of or any charge on his
property; or

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(c) with intent to defraud his creditors or any of them, conceals, sells or
removes any part of his property, after or within two months before
the date of any unsatisfied judgment or order for payment of money
obtained against him,
is guilty of a misdemeanour and is liable to imprisonment for one year.
316A. Bad cheques
(1) Any person who draws or issues a cheque on an account is guilty of a
misdemeanour if the person—
(a) knows that the account has insufficient funds;
(b) knows that the account has been closed; or
(c) has previously instructed the bank or other institution at which the
account is held not to honour the cheque.
(2) Subsection (1)(a) does not apply with respect to a post-dated cheque.
(3) Any person who, by deceit or any other fraudulent means, assists a
person to obtain anything on the basis of a cheque drawn or issued in the
circumstances described in subsection (1) is guilty of a misdemeanour.
(4) A person who is guilty of a misdemeanour under this section is liable to a
fine not exceeding fifty thousand shillings, or to imprisonment for term not
exceeding one year, or to both.
[Act No. 4 of 2004, s. 62.]

316B. Certain felonies by banks or other institutions

(1) A bank or other institution is guilty of a felony if it—
(a) with intent to conceal its true financial position, holds a cheque or
similar instrument that cannot be settled for the amount due thereon;
(b) assists a person to obtain money or credit on the basis of a cheque
drawn or issued in the circumstances described in subsection
316A(1); or
(c) with intent to defraud, facilitates the transfer of money to the holder
of a false cheque or other instrument.
(2) A bank or other institution that is guilty of a felony under subsection (1) is
liable to a fine not exceeding five hundred thousand shillings.
[Act No. 4 of 2004, s. 62.]

317. Conspiracy to defraud

Any person who conspires with another by deceit or any fraudulent means to
affect the market price of anything publicly sold, or to defraud the public or any
person, whether a particular person or not, or to extort any property from any
person, is guilty of a misdemeanour and is liable to imprisonment for three years.
318. Frauds on sale or mortgage of property
Any person who, being a seller or mortgagor of any property, or being the
advocate or agent of any such seller or mortgagor, with intent to induce the
purchaser or mortgagee to accept the title offered or produced to him, and with
intent to defraud—
(a) conceals from the purchaser or mortgagee any instrument material
to the title, or any encumbrance; or

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(b) falsifies any pedigree on which the title depends or may depend; or
(c) makes any false statement as to the title offered or conceals any
fact material thereto,
is guilty of a misdemeanour and is liable to imprisonment for two years.

319. Fortune-telling
Any person who for gain or reward undertakes to tell fortunes, or pretends
from his skill or knowledge in any occult science to discover where or in what
manner anything supposed to have been stolen or lost may be found, is guilty of
a misdemeanour.

320. Obtaining registration, etc., by false pretence

Any person who wilfully procures or attempts to procure for himself or any
other person any registration, licence or certificate under any law by any false
pretence is guilty of a misdemeanour and is liable to imprisonment for one year.

321. False declaration for passport

Any person who makes a statement which is to his knowledge untrue for the
purpose of procuring a passport, whether for himself or for any other person, is
guilty of a misdemeanour.

CHAPTER XXXI – HANDLING PROPERTY STOLEN OR UNLAWFULLY

OBTAINED AND LIKE OFFENCES

322. Handling stolen goods

(1) A person handles stolen goods if (otherwise than in the course of the
stealing) knowing or having reason to believe them to be stolen goods he
dishonestly receives or retains the goods, or dishonestly undertakes, or assists
in, their retention, removal, disposal or realization by or for the benefit of another
person, or if he arranges to do so.
(2) A person who handles stolen goods is guilty of a felony and is liable to
imprisonment with hard labour for a term not exceeding fourteen years.
(3) For the purposes of this section—
(a) goods shall be deemed to be stolen goods if they have been
obtained in any way whatever under circumstances which amount to
felony or misdemeanour, and “steal” means so to obtain;
(b) no goods shall be regarded as having continued to be stolen goods
after they have been restored to the person from whom they were
stolen or to other lawful possession or custody, or after that person
and any other person claiming through him have otherwise ceased
as regards those goods to have any right to restitution in respect of
the stealing.
(4) Where a person is charged with an offence under this section—
(a) it shall not be necessary to allege or prove that the person charged
knew or ought to have known of the particular offence by reason of
which any goods are deemed to be stolen goods;

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(b) at any stage of the proceedings, if evidence has been given of the
person charged having or arranging to have in his possession the
goods the subject of the charge, or of his undertaking or assisting in,
or arranging to undertake or assist in, their retention, removal,
disposal or realization, the following evidence shall, notwithstanding
the provisions of any other written law, be admissible for the
purpose of proving that he knew or had reason to believe that the
goods were stolen goods—
(i) evidence that he has had in his possession, or has undertaken
or assisted in the retention, removal, disposal or realization of,
stolen goods from any offence taking place not earlier than
twelve months before the offence charged;
(ii) (provided that seven days' notice in writing has been given to
him of the intention to prove the conviction) evidence that he
has within the five years preceding the date of the offence
charged been convicted of stealing or of receiving or handling
stolen goods.
[Act No. 3 of 1969, s. 5, Act No. 4 of 1973, Sch., Act No. 22 of 1987, Sch.]

323. Person suspected of having or conveying stolen property

Any person who has been detained as a result of the exercise of the powers
conferred by section 26 of the Criminal Procedure Code (Cap. 75) and is charged
with having in his possession or conveying in any manner anything which may be
reasonably suspected of having been stolen or unlawfully obtained, and who
does not give an account to the satisfaction of the court of how he came by the
same, is guilty of a misdemeanour.
324. Marking and possession of public stores
(1) The Minister may, by notice in the Gazette, give directions as to the marks
which may be applied in or on any stores under the control of any branch or
department of, and being the property of, the Government of Kenya or the Kenya
Railways Corporation and the Kenya Ports Authority.
(2) Any person who is charged with conveying or having in his possession, or
keeping in any building or place, whether open or enclosed, any stores so
marked, which may be reasonably suspected of having been stolen or unlawfully
obtained, and who does not give an account to the satisfaction of the court how
he came by the same, is guilty of a misdemeanour.
(3) Any person conveying or having in his possession, or keeping in any
building or place, whether open or enclosed, any stores being the property of the
disciplined forces, which may reasonably be suspected of having been stolen or
unlawfully obtained, and who does not give an account to the satisfaction of the
court of how he came by the same, shall be guilty of a misdemeanour.
(4) For the purposes of this section, “stores” includes all goods and chattels
and any single store or article or part thereof, and “marks” includes any part of a
mark.
[Act No. 36 of 1962, Sch., Act No. 24 of 1967, Sch.]

325. Tracing possession

(1) If any person brought or appearing before a court under section 323 or
section 324 declares that he received any such thing as therein mentioned from

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some other person, or that he was employed as a carrier, agent or servant to

convey the same for some other person, the court may cause every such other
person, and also any other person through whose possession any such thing
shall previously have passed, to be brought before it.
(2) Upon any such person as is mentioned in subsection (1) being brought
before it, it shall be lawful for the court to examine him as to whether he has been
in possession of any such thing as aforesaid, and upon his admitting such
possession, or upon it being proved to the satisfaction of the court that such
person has been in possession of any such thing, the court may call upon such
person to give an account to the satisfaction of the court by what lawful means
such person came by such thing, and if such person fails, within a reasonable
time to be assigned by such court, to give such account, he is guilty of an offence
and is liable to a fine not exceeding one thousand four hundred shillings or to
imprisonment for a term not exceeding six months.
(3) For the purposes of this section, the possession of a carrier, agent or
servant shall be deemed to be the possession of the person who shall have
employed such carrier, agent or servant to convey the same.
[Act No. 40 of 1952, Sch.]

326. Receiving goods stolen outside Kenya

Any person who, without lawful excuse, knowing or having reason to believe
the same to have been stolen or obtained in any way whatsoever under such
circumstances that if the act had been committed in Kenya the person
committing it would have been guilty of a felony or misdemeanour, receives or
has in his possession any property so stolen or obtained outside Kenya, is guilty
of an offence of the like degree (whether felony or misdemeanour) and is liable to
imprisonment for seven years.

CHAPTER XXXII – FRAUDS BY TRUSTEES AND PERSONS IN A

POSITION OF TRUST, AND FALSE ACCOUNTING
327. Fraudulent disposal of trust property
(1) Any person who, being a trustee of any property, destroys the property
with intent to defraud, or, with intent to defraud, converts the property to any use
not authorized by the trust, is guilty of a felony and is liable to imprisonment for
seven years.
(2) For the purposes of this section, “trustee” includes the following persons
and no others, that is to say—
(a) trustees upon express trusts created by a deed, will, or instrument in
writing, whether for a public or private or charitable purpose;
(b) trustees appointed by or under the authority of any written law for
any such purpose;
(c) the heir or personal representative of any trustee as aforesaid and
any other person upon or to whom any such trust shall devolve or
come;
(d) executors, including executors de son tort and administrators;
(e) managers appointed under the authority of the Mental Treatment
Act (Cap. 248);

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(f) official managers, assignees, liquidators or other like officers, by

whatsoever name called, acting under the authority of any written
law relating to bankruptcy or joint stock companies.
[Act No. 42 of 1951, s. 15, L.N. 124/1964, Act No. 24 of 1967, Sch.]

328. Fraudulent appropriation or accounting by directors or officers

Any person who—
(a) being a director or officer of a corporation or company, receives or
possesses himself as such of any of the property of the corporation
or company otherwise than in payment of a just debt or demand,
and, with intent to defraud, omits either to make a full and true entry
thereof in the books and accounts of the corporation or company, or
to cause or direct such an entry to be made therein; or
(b) being a director, officer or member of a corporation or company,
does any of the following acts with intent to defraud, that is to say—
(i) destroys, alters, mutilates or falsifies any book, document,
valuable security or account which belongs to the corporation
or company, or any entry in any such book, document or
account, or is privy to any such act; or
(ii) makes, or is privy to making, any false entry in any such book,
document or account; or
(iii) omits, or is privy to omitting, any material particular from any
such book, document or account,
is guilty of a felony and is liable to imprisonment for seven years.

329. False statements by officials of companies

Any person who, being a promoter, director, officer or auditor of a corporation
or company, either existing or intended to be formed, makes, circulates or
publishes, or concurs in making, circulating or publishing, any written statement
or account which, in any material particular, is to his knowledge false, with intent
thereby to effect any of the purposes following, that is to say—
(a) to deceive or to defraud any member, shareholder or creditor of the
corporation or company, whether a particular person or not;
(b) to induce any person, whether a particular person or not, to become
a member of, or to entrust or advance any property to, the
corporation or company, or to enter into any security for the benefit
thereof,
is guilty of a felony and is liable to imprisonment for seven years.

330. Fraudulent false accounting by clerk or servant

Any person who, being a clerk or servant, or being employed or acting in the
capacity of a clerk or servant, does any of the acts following with intent to
defraud, that is to say—
(a) destroys, alters, mutilates or falsifies any book, document, valuable
security or account which belongs to or is in the possession of his
employer, or has been received by him on account of his employer,
or any entry in any such book, document or account, or is privy to
any such act; or

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(b) makes, or is privy to making, any false entry in any such book,
document or account; or
(c) omits, or is privy to omitting, any material particular from any such
book, document or account,
is guilty of a felony and is liable to imprisonment for seven years.

331. False accounting by public officer

(1) Any person who, being an officer charged with the receipt, custody or
management of any part of the public revenue or property, knowingly furnishes
any false statement or return of any money or property received by him or
entrusted to his care, or of any balance of money or property in his possession or
under his control, is guilty of a felony.
(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.
[Act No. 7 of 2007, Sch.]

Division VI – Malicious Injuries to Property

CHAPTER XXXIII – OFFENCES CAUSING INJURY TO PROPERTY
332. Arson
Any person who wilfully and unlawfully sets fire to—
(a) any building or structure whatever, whether completed or not; or
(b) any vessel, whether completed or not; or
(c) any stack of cultivated vegetable produce, or of mineral or vegetable
fuel; or
(d) a mine, or the workings, fittings or appliances of a mine,
is guilty of a felony and is liable to imprisonment for life.

333. Attempts to commit arson

Any person who—
(a) attempts unlawfully to set fire to any such thing as is mentioned in
section 332; or
(b) wilfully and unlawfully sets fire to anything which is so situated that
any such thing as is mentioned in that section is likely to catch fire
from it,
is guilty of a felony and is liable to imprisonment for fourteen years.

334. Setting fire to crops, etc.

Any person who wilfully and unlawfully sets fire to, cuts down, destroys or
seriously or permanently injures—
(a) a crop of cultivated produce, whether standing, picked or cut; or
(b) a crop of hay or grass under cultivation, whether the natural or
indigenous product of the soil or not, and whether standing or cut; or

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(c) any standing trees, saplings or shrubs, whether indigenous or not,

under cultivation,
is guilty of a felony and is liable to imprisonment for fourteen years.
[Act No. 53 of 1952, s. 6.]

335. Attempting to set fire to crops, etc.

Any person who—
(a) attempts unlawfully to set fire to, cut down, destroy or seriously or
permanently injure any such thing as is mentioned in section 334; or
(b) wilfully and unlawfully sets fire to anything which is so situated that
any such thing as is mentioned in that section is likely to catch fire
from it,
is guilty of a felony and is liable to imprisonment for seven years.
[Act No. 53 of 1952, s. 7.]

336. Casting away vessels

Any person who—
(a) wilfully and unlawfully casts away or destroys any vessel, whether
completed or not; or
(b) wilfully and unlawfully does any act which tends to the immediate
loss or destruction of a vessel in distress; or
(c) with intent to bring a vessel into danger, interferes with any light,
beacon, buoy, mark or signal used for purposes of navigation, or
exhibits any false light or signal,
is guilty of a felony and is liable to imprisonment for fourteen years.

337. Attempts to cast away vessels

Any person who attempts unlawfully to cast away or destroy a vessel, whether
completed or not, or attempts unlawfully to do any act tending to the immediate
loss or destruction of a vessel in distress, is guilty of a felony and is liable to
imprisonment for seven years.

338. Injuring animals

Any person who wilfully and unlawfully kills, maims or wounds any animal
capable of being stolen is guilty of a felony and is liable, if the animal is an animal
such as is referred to in section 278, to imprisonment for fourteen years, and, in
any other case, to imprisonment for three years.
[Act No. 53 of 1952, s. 8.]

339. Malicious injuries to property

(1) Any person who wilfully and unlawfully destroys or damages any property
is guilty of an offence, which, unless otherwise stated, is a misdemeanour, and is
liable, if no other punishment is provided, to imprisonment for five years.
(2) If the property in question is a dwelling-house or a vessel, and the injury is
caused by the explosion of any explosive substance, and if—
(a) any person is in the dwelling-house or vessel; or

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(b) the destruction or damage actually endangers the life of any person,
the offender is guilty of a felony and is liable to imprisonment for life.
(3) If the property in question—
(a) is a bank or wall of a river, canal, aqueduct, reservoir or inland
water, or a work which appertains to a dock, reservoir or inland
water, and the injury causes actual danger of inundation or damage
to any land or building; or
(b) is a railway or is a bridge, viaduct or aqueduct which is constructed
over a highway, railway or canal, or over which a railway, highway
or canal passes, and the property is destroyed; or
(c) being a railway, or being a bridge, viaduct or aqueduct, is damaged,
and the damage is done with intent to render the railway, bridge,
viaduct or aqueduct, or the highway, railway or canal passing over
or under the same, or any part thereof, dangerous or impassable,
and the same or any part thereof is thereby rendered dangerous or
impassable,
the offender is guilty of a felony and is liable to imprisonment for life.
(4) If the property in question is a testamentary instrument, whether the
testator is living or dead, or a register which is authorized or required by law to be
kept for authenticating or recording the title to any property, or for recording
births, baptisms, marriages, deaths or burials, or a copy of any part of any such
register which is required by law to be sent to any public officer, the offender is
guilty of a felony and is liable to imprisonment for fourteen years.
(5) If the property in question is a vessel in distress or wrecked, or stranded,
or anything which belongs to that vessel, the offender is guilty of a felony and is
liable to imprisonment for seven years.
(6) If the property in question is any part of a railway or any work connected
with a railway, the offender is guilty of a felony and is liable to imprisonment for
fourteen years.
(7) If the property in question—
(a) being a vessel, whether completed or not, is destroyed; or
(b) being a vessel, whether completed or not, is damaged, and the
damage is done with intent to destroy it or render it useless; or
(c) is a light, beacon, buoy, mark or signal used for the purposes of
navigation, or for the guidance of persons engaged in navigation; or
(d) is a bank or wall of a river, canal, aqueduct, reservoir or inland
water, or a work which appertains to a dock, canal, aqueduct,
reservoir or inland water, or which is used for the purposes of lading
or unlading goods; or
(e) being a railway, or being a bridge, viaduct or aqueduct which is
constructed over a highway, railway or canal, or over which a
highway, railway or canal passes, is damaged, and the damage is
done with intent to render the railway, bridge, viaduct or aqueduct,
or the highway, railway or canal passing over or under the same, or
any part thereof, dangerous or impassable; or

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(f) being anything in process of manufacture, or an agricultural or

manufacturing machine, or a manufacturing implement, or a
machine or appliance used or intended to be used for performing
any process connected with the preparation of any agricultural or
pastoral produce, is destroyed; or
(g) being any such thing, machine, implement or appliance as last
aforesaid, is damaged, and the damage is done with intent to
destroy the thing in question, or to render it useless; or
(h) is a shaft of a passage of a mine, and the injury is done with intent
to damage the mine or to obstruct its working; or
(i) is a machine, appliance, apparatus, building, erection, bridge or
road, appertaining to or used with a mine, whether the thing in
question is completed or not; or
(j) being a rope, chain, or tackle of whatever material, which is used in
a mine, or upon any way or work appertaining to or used with a
mine, is destroyed; or
(k) being any such rope, chain or tackle, as last aforesaid, is damaged,
and the damage is done with intent to destroy the thing in question
or to render it useless; or
(l) is a well, or bore for water, or the dam, bank, wall or floodgate of a
millpond or pool,
the offender is guilty of a felony and is liable to imprisonment for ten years.
(8) If the property in question is a document which is deposited or kept in a
public office, or which is evidence of title to any land or estate in land, the
offender is guilty of a felony and is liable to imprisonment for ten years.
[Act No. 53 of 1952, Sch., Act No. 5 of 2003, s. 57.]

340. Attempts to destroy property by explosives

Any person who, unlawfully and with intent to destroy or damage any
property, puts any explosive substance in any place whatever, is guilty of a
felony and is liable to imprisonment for fourteen years.

341. Communicating infectious diseases to animals

Any person who wilfully and unlawfully causes, or is concerned in causing or
attempts to cause, any infectious disease to be communicated to or among any
animal or animals capable of being stolen, is guilty of a felony and is liable to
imprisonment for seven years.

342. Penalties for damage, etc., to railway works

Any person who—
(a) wilfully damages, injures or obstructs any work, way, road, building,
turnstile, gate, toll bar, fence, weighing machine, engine, tender,
carriage, wagon, truck, material or plant, acquired for or belonging to
any railway works; or

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(b) pulls up, removes, defaces or destroys, or in any way interferes

with, any poles, stakes, pegs, lines, marks, or anything driven or
stones or buildings, or any other material, belonging to any railway
works; or
(c) commits any nuisance or trespass in or upon any land, buildings or
premises, acquired for or belonging to any railway works; or
(d) wilfully molests, hinders or obstructs the officer in charge of any
railway or his assistants or workmen in the execution of any work
done or to be done in reference to the construction or maintenance
of any such railway,
is guilty of a misdemeanour and is liable to imprisonment for three months, or to
a fine of one thousand two hundred shillings.
[Act No. 40 of 1952, Sch.]

343. Sabotage
Any person who, wilfully and unlawfully, destroys or damages, or does any act
with intent to, or knowing it to be likely that such act will, impair the usefulness or
efficiency or prevent or impede the working of, any property used or intended to
be used in the service of the Government or any local authority, or for the
purposes of any airport or air service or any supply of water or electricity to any
person or community of persons, or in the performance of any other service
essential to the life of the community, is guilty of an offence and—
(a) if the offence is committed with intent to endanger life or with the
knowledge that it is likely to endanger life, is liable to imprisonment
for life; and
(b) in any other case, is liable to imprisonment for a term not exceeding
five years.
[Act No. 54 of 1960, s. 32, Act No. 24 of 1967, Sch., L.N. 280/1967.]

344. Threats to burn, etc

Any person who, knowing the contents thereof, sends, delivers, utters or
directly or indirectly causes to be received any letter or writing threatening to burn
or destroy any house, barn or other building, or any rick or stack of grain, hay or
straw, or other agricultural produce, whether in or under any building or not, or
any vessel, or to kill, maim or wound any cattle, is guilty of a felony and is liable
to imprisonment for seven years.

Division VII – Forgery, Coining, Counterfeiting and similar Offences

CHAPTER XXXIV – DEFINITIONS
345. Definition of forgery
Forgery is the making of a false document with intent to defraud or to deceive.

346. Document
In this division of this Code, “document” does not include a trade mark or any
other sign used in connexion with articles of commerce though they may be
written or printed or in electronic form.
[Act No. 1 of 2009, 6th Sch.]

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347. Making a false document

Any person makes a false document who—
(a) makes a document purporting to be what in fact it is not; or
(b) alters a document without authority in such a manner that if the
alteration had been authorized it would have altered the effect of the
document; or
(c) introduces into a document without authority whilst it is being drawn
up matter which if it had been authorized would have altered the
effect of the document; or
(d) signs a document—
(i) in the name of any person without his authority, whether such
name is or is not the same as that of the person signing; or
(ii) in the name of any fictitious person alleged to exist, whether
the fictitious person is or is not alleged to be of the same name
as the person signing; or
(iii) in the name represented as being the name of a different
person from that of the person signing it and intended to be
mistaken for the name of that person; or
(iv) in the name of a person personated by the person signing the
document, provided that the effect of the instrument depends
upon the identity between the person signing the document
and the person whom he professes to be.
(e) fraudulently—
(i) makes or transmits any electronic record or part of an
electronic record;
(ii) affixes any digital signature on any electronic record, or
(iii) makes any mark denoting the authenticity of a digital
signature,with the intention of causing it to be believed that
such record, or part of document, electronic record or digital
signature was made, signed, executed, transmitted or affixed
by or by the authority of a person by whom or whose authority
he knows that it was not made, signed, executed or affixed;
(f) without lawful authority or fraudulently, by cancellation or otherwise,
alters a document or an electronic record in any material part
thereof, after it has been made, executed or affixed with a digital
signature either by himself or by any other person, whether such
person is living or dead at the time of such alter
(g) fraudulently causes any person to sign, seal, execute or alter a
document or an electronic record or to affix his digital signature on
any electronic record knowing that such person by reason of
deception practised upon him, does not know the contents of the
document or electronic record or the nature of the alteration.
[Act No. 1 of 2009, 6th Sch., Act No. 1 of 2009, 6th Sch.]

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348. Intent to defraud

An intent to defraud is presumed to exist if it appears that at the time when the
false document was made there was in existence a specific person ascertained
or unascertained capable of being defrauded thereby, and this presumption is not
rebutted by proof that the offender took or intended to take measures to prevent
such person from being defrauded in fact, nor by the fact that he had or thought
he had a right to the thing to be obtained by the false document.

CHAPTER XXXV – PUNISHMENT FOR FORGERY

349. General punishment for forgery
Any person who forges any document or electronic record is guilty of an
offence which, unless otherwise stated, is a felony and he is liable, unless owing
to the circumstances of the forgery or the nature of the thing forged some other
punishment is provided, to imprisonment for three years.
[Act No. 1 of 2009, Sixth Sch.]

350. Forgery of wills, etc.

(1) Any person who forges any will, document of title to land, judicial record,
power of attorney, bank note, currency note, bill of exchange, promissory note or
other negotiable instrument, policy of insurance, cheque or other authority for the
payment of money by a person carrying on business as a banker, is liable to
imprisonment for life, and the court may in addition order that any such document
as aforesaid shall be forfeited.
(2) In this section, “document of title to land” includes any deed, map, roll,
register or instrument in writing being or containing evidence of the title, or of any
part of the title, to any land or to any interest in or arising out of any land, or any
authenticated copy thereof.
[Act No. 52 of 1955, s. 15.]

351. Forgery of judicial or official document

Any person who forges any judicial or official document is liable to
imprisonment for seven years.

352. Forgery of, and other offences in relation to, stamps

Any person who—
(a) forges any stamp, whether impressed or adhesive, used for the
purposes of revenue or accounting by any Government department;
or
(b) without lawful excuse, the proof whereof shall lie upon him, makes
or has knowingly in his possession any die or instrument capable of
making the impression of any such stamp; or
(c) fraudulently cuts, tears in any way or removes from any material any
stamp used for purposes of revenue or accounting by the
Government, with intent that another use shall be made of such
stamp or any part thereof; or
(d) fraudulently mutilates any such stamp as last aforesaid, with intent
that another use shall be made of such stamp; or

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(e) fraudulently fixes or places upon any material or upon any such
stamp as last aforesaid any stamp or part of a stamp which, whether
fraudulently or not, has been cut, torn or in any way removed from
any other material or out of or from any other stamp; or
(f) fraudulently erases or otherwise either really or apparently removes
from any stamped material any name, sum, date or other matter or
thing whatsoever written thereon with the intent that another use
shall be made of the stamp upon such material; or
(g) knowingly and without lawful excuse, the proof whereof shall lie
upon him, has in his possession any stamp or part of a stamp which
has been fraudulently cut, torn, or otherwise removed from any
material, or any stamp which has been fraudulently mutilated, or any
stamped material out of which any name, sum, date or other matter
or thing has been fraudulently erased or otherwise really or
apparently removed,
is liable to imprisonment for seven years.
[L.N. 124 /1964, Act No. 24 of 1967, Sch.]

353. Uttering false documents

Any person who knowingly and fraudulently utters a false document is guilty
of an offence of the same kind and is liable to the same punishment as if he had
forged the thing in question.

354. Uttering cancelled or exhausted documents

Any person who knowingly utters as and for a subsisting and effectual
document any document or electronic record which has by any lawful authority
been ordered to be revoked, cancelled or suspended, or the operation of which
has ceased by effluxion of time, or by death, or by the happening of any other
event, is guilty of an offence of the same kind, and is liable to the same
punishment, as if he had forged the document.
[L.N. 559 / 1962., Act No. 1 of 2009, Sixth Sch.]

355. Procuring execution of documents by false pretences

Any person who, by means of any false and fraudulent representations as to
the nature, contents or operation of a document or electronic record, procures
another to sign or execute the document or electronic record, is guilty of an
offence of the same kind, and is liable to the same punishment, as if he had
forged the document or electronic record.
[Act No. 1 of 2009, Sixth Sch.]

356. Altering crossings on cheques

Any person who, with intent to defraud—
(a) obliterates, adds to or alters the crossing on a cheque; or
(b) knowingly utters a crossed cheque, the crossing on which has been
obliterated, added to or altered,
is guilty of a felony and is liable to imprisonment for seven years.

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357. Making documents without authority

Any person who, with intent to defraud or to deceive—
(a) without lawful authority or excuse makes, signs or executes for or in
the name or on account of another person, whether by procuration
or otherwise, any document or electronic record or writing; or
(b) knowingly utters any document or electronic record or writing so
made, signed or executed by another person,
is guilty of a felony and is liable to imprisonment for seven years.
[Act No. 1 of 2009, 6th Sch.]

358. Demanding property upon forged testamentary instruments

Any person who procures the delivery or payment to himself or any other
person of any property or money by virtue of any probate or letters of
administration granted upon a forged testamentary instrument, knowing the
testamentary instrument to have been forged, or upon or by virtue of any probate
or letters of administration obtained by false evidence, knowing the grant to have
been so obtained, is guilty of an offence of the same kind, and is liable to the
same punishment, as if he had forged the document or thing by virtue whereof he
procures the delivery or payment.
359. Purchasing forged notes
Any person who, without lawful authority or excuse, the proof of which lies on
him, imports or purchases, or receives from any person, or has in his possession,
a forged bank note or currency note, whether filled up or in blank, knowing it to
be forged, is guilty of a felony and is liable to imprisonment for seven years.
360. Falsifying warrants for money payable under public authority
Any person who, being employed in the public service, knowingly and with
intent to defraud makes out or delivers to any person a warrant for the payment
of any money payable by public authority, for a greater or less amount than that
to which the person on whose behalf the warrant is made out is entitled, is guilty
of a felony and is liable to imprisonment for seven years.
361. Falsification of register
Any person who, having the actual custody of any register or record kept by
lawful authority, knowingly permits any entry which in any material particular is to
his knowledge false, to be made in the register or record, is guilty of a felony and
is liable to imprisonment for seven years.
362. Sending false certificate of marriage to registrar
Any person who signs or transmits to a person authorized by law to register
marriages a certificate of marriage, or any document purporting to be a certificate
of marriage, which in any material particular is to his knowledge false, is guilty of
a felony and is liable to imprisonment for seven years.
363. False statements for registers of births, deaths and marriages
Any person who knowingly, and with intent to procure the same to be inserted
in a register of births, deaths or marriages, makes any false statement touching
any matter required by law to be registered in the register is guilty of a felony and
is liable to imprisonment for three years.

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CHAPTER XXXVI – OFFENCES RELATING TO COIN AND BANK AND

CURRENCY NOTES

364. Definitions
In this Chapter—
“coin” includes any coin which is legal tender in Kenya by virtue of the
Central Bank of Kenya Act (Cap. 491), and any coin of a foreign Sovereign or
State;
“counterfeit coin” means coin not genuine but resembling or apparently
intended to resemble or pass for genuine coin; and includes genuine coin
prepared or altered so as to pass for coin of a higher denomination.
[Act No. 15 of 1966, Sch.]

365. Counterfeiting coin

Any person who makes or begins to make any counterfeit coin is guilty of a
felony and is liable to imprisonment for life.

366. Preparations for coining

Any person who—
(a) gilds or silvers any piece of metal of a fit size or figure to be coined,
with intent that it shall be coined into counterfeit coin; or
(b) makes any piece of metal into a fit size or figure to facilitate the
coining from it of any counterfeit coin, with intent that such
counterfeit coin shall be made from it; or
(c) without lawful authority or excuse, the proof of which lies on him—
(i) buys, sells, receives, pays or disposes of any counterfeit coin
at a lower rate than it imports or is apparently intended to
import, or offers to do any such thing; or
(ii) brings or receive into Kenya any counterfeit coin knowing it to
be counterfeit; or
(iii) makes or mends, or begins or prepares to make or mend, or
has in his possession, or disposes of, any stamp or mould
which is adapted to make the resemblance of both or either of
the sides of any coin, or any part of either side thereof,
knowing the same to be a stamp or mould, or to be so
adapted; or
(iv) makes or mends, or begins or prepares to make or mend, or
has in his possession or disposes of, any tool, instrument or
machine which is adapted and intended to be used for
marking coin round the edges with marks or figures apparently
resembling those on the edges of any coin, knowing the same
to be so adapted and intended; or
(v) makes or mends, or begins or prepares to make or mend, or
has in his possession or disposes of, any press for coinage, or

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any tool, instrument or machine which is adapted for cutting

round blanks out of gold, silver or other metal, knowing such
press, tool, instrument or machine to have been used or to be
intended to be used for making any counterfeit coin,
is guilty of a felony and is liable to imprisonment for life.

367. Making or having in possession papers or implements for forgery

Any person who, without lawful authority or excuse, the proof of which lies on
him—
(a) makes, uses or knowingly has in his custody or possession any
paper intended to resemble and pass as a special paper such as is
provided and used for making any bank note or currency note; or
(b) makes, uses or knowingly has in his custody or possession any
frame, mould or instrument for making such paper, or for producing
in or on such paper any words, figures, letters, marks, lines or
devices peculiar to and used in or on any such paper; or
(c) engraves or in anywise makes upon any plate, wood, stone or other
material any words, figures, letters, marks, lines or devices the print
whereof resembles in whole or in part any words, figures, letters,
marks, lines or devices peculiar to and used in or on any bank note
or currency note; or
(d) uses or knowingly has in his custody or possession any plate, wood,
stone or other material upon which any such words, figures, letters,
marks, lines or devices have been engraved or in anywise made as
aforesaid; or
(e) uses or knowingly has in his custody or possession any paper upon
which any such words, figures, letters, marks, lines or devices have
been printed or in anywise made as aforesaid,
is guilty of a felony and is liable to imprisonment for seven years.

367A. Mutilating currency notes

Any person who wilfully and without lawful authority or excuse defaces, tears,
cuts or otherwise mutilates any currency note shall be guilty of an offence and
shall be liable to imprisonment for a term not exceeding three months or to a fine
not exceeding two thousand shillings or to both such imprisonment and fine.
[Act No. 15 of 1966, Sch., Act No. 10 of 2006, s. 32.]

368. Clipping
Any person who deals with any coin in such a manner as to diminish its
weight with intent that when so dealt with it may pass as coin is guilty of a felony
and is liable to imprisonment for seven years.

369. Melting down of currency

Any person who melts down, breaks up, defaces by stamping thereon any
name, word or mark, or uses otherwise than as currency any coin current for the
time being in Kenya is guilty of a misdemeanour and is liable on conviction to a fine
not exceeding eight thousand shillings or to imprisonment for six months or to both.
[Act No. 40 of 1952, Sch., Act No. 24 of 1967, Sch.]

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370. Impounding and destruction of counterfeit coins

(1) Any officer of the Government or the manager of any bank who receives,
during the performance of his duties, any coin which he has reasonable ground
for believing to be counterfeit coin shall impound the coin and transmit it to the
Governor of the Central Bank of Kenya who may cut, deface or destroy it with or
without compensation, as he thinks fit if in his opinion it is counterfeit.
(2) For the purposes of this section, the decision of the Governor of the
Central Bank of Kenya that the coin is counterfeit and that compensation shall be
granted or withheld shall be final, and no person shall be entitled to claim and no
proceedings or action shall be brought against the Governor, the Government,
the officer of Government concerned, the manager of the bank concerned or his
bank in respect of any loss or damage suffered by reason of the impounding and
cutting, defacing or destruction.
[Act No. 7 of 1952, s. 2, Act No. 20 of 1955, s. 2, L.N.551/1961, Act No. 13 of 1978, Sch.]

371. Possession of clippings

Any person who unlawfully has in his possession or disposes of any filings, or
clipping of gold or silver, or any gold or silver in bullion, dust, solution, or any
other state, obtained by dealing with gold or silver coin in such a manner as to
diminish its weight, knowing the same to have been so obtained, is guilty of a
felony and is liable to imprisonment for seven years.

372. Uttering counterfeit coin

Any person who utters any counterfeit coin, knowing it to be counterfeit, is
guilty of a misdemeanour.

373. Repeated uttering

Any person who—
(a) utters any counterfeit coin knowing it to be counterfeit, and at the
time of such uttering has in his possession any other counterfeit
coin; or
(b) utters any counterfeit coin knowing it to be counterfeit, and either on
the same day or on any of the ten days next ensuing utters any
other counterfeit coin knowing it to be counterfeit; or
(c) receives, obtains or has in his possession any counterfeit coin
knowing it to be counterfeit, with intent to utter it,
is guilty of a felony and is liable to imprisonment for three years.

374. Uttering metal or coin not current as coin

(1) Any person who, with intent to defraud, utters as and for coin any medal
or piece of metal is guilty of a misdemeanour and is liable to imprisonment for
one year.
(2) Any person who, with intent to defraud, utters as and for coin lawfully
current in Kenya by virtue of any Act, proclamation or otherwise any coin not so
lawfully current is guilty of a misdemeanour and is liable to imprisonment for one
year.

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375. Exporting counterfeit coin

Any person who, without lawful authority or excuse, the proof of which lies on
him, exports or puts on board of a vessel or vehicle of any kind for the purpose of
being exported any counterfeit coin whatever, knowing it to be counterfeit, is
guilty of a misdemeanour.

376. Selling articles bearing designs in imitation of currency

Any person who, without lawful authority or excuse, the proof whereof lies
upon him, sells or offers or exposes for sale any article which bears a design in
imitation of any currency or bank note or coin in current use in Kenya or
elsewhere is guilty of a misdemeanour and is liable to imprisonment for six
months.

377. Forfeiture
When any person is convicted of an offence under this Chapter or under
Chapter XXXV, the court shall order the forfeiture of any forged bank note or
currency note or of any counterfeit coin or any stamp, mould, tool, instrument,
machine or press, or any coin, bullion or metal, or any article bearing a design in
imitation of any currency, bank note or coin used or employed in the commission
of any such offence.

CHAPTER XXXVII – COUNTERFEIT STAMPS

378. Possession of die used for making stamps
Any person who, without lawful authority or excuse, the proof of which lies on
him—
(a) makes or mends, or begins or prepares to make or mend, or uses,
or knowingly has in his possession, or disposes of, any die, plate or
instrument capable of making an impression resembling that made
by any die, plate or instrument used for the purpose of making any
stamp, whether impressed or adhesive, which is used for the
purposes of the public revenue or of the Kenya Posts and
Telecommunications Corporation in Kenya or in any foreign country,
or capable of producing in or on paper any words, figures, letters,
marks or lines resembling any words, figures, letters, marks or lines
used in or on any paper specially provided by the proper authority
for any such purpose; or
(b) knowingly has in his possession or disposes of any paper or other
material which has on it the impression of any such die, plate or
instrument, or any paper which has on it or in it any such words,
figures, letters, marks or lines as aforesaid; or
(c) fraudulently, and with intent that use may be made of any such
stamp as aforesaid, or of any part of it, removes the stamp from any
material in any way whatever; or
(d) fraudulently, and with intent that use may be made of any part of
such stamp, mutilates the stamp; or
(e) fraudulently fixes or places upon any material or upon any such stamp
any stamp or part of a stamp which has been in any way removed
from any other material, or out of or from any other stamp; or

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(f) fraudulently, and with intent that use may be made of any such
stamp which has been already impressed upon or attached to any
material, erases or otherwise removes, either really or apparently,
from such material anything whatever written on it; or
(g) knowingly has in his possession or disposes of anything obtained or
prepared by any such unlawful act as aforesaid; or
(h) fraudulently or with intent to cause loss to the Government, uses for
any purpose a stamp issued by Government for the purpose of
revenue which he knows to have been before used,
is guilty of a felony and is liable to imprisonment for seven years, and any die,
plate, instrument, paper or other thing as aforesaid which are found in his
possession shall be forfeited.
[Act No. 24 of 1967, Sch.]

379. Paper and dies for postage stamps

(1) Any person who, without lawful authority or excuse, the proof of which lies
on him—
(a) makes, or begins or prepares to make, or uses for any postal
purpose, or has in his possession, or disposes of, any imitation or
representation on paper or any other material of any stamp used for
denoting any rate of postage of Kenya, or of any foreign country; or
(b) makes or mends, or begins or prepares to make or mend, or uses,
or has in his possession, or disposes of, any die, plate, instrument
or material for making any such imitation or representation,
is guilty of a misdemeanour and is liable to imprisonment for one year, or to a
fine of three thousand shillings; and any stamps, and any other such things as
aforesaid, which are found in his possession, shall be forfeited.
(2) For the purposes of this section, a stamp purporting to denote a rate of
postage of any country is to be taken to be a stamp used for postal purposes in
that country until the contrary is shown.
[Act No. 40 of 1952, Sch., Act No. 24 of 1967, Sch.]

CHAPTER XXXVIII – COUNTERFEITING TRADEMARKS

380. Trade marks defined
A trade mark is—
(a) a mark, other than a trade mark registered under the Trade Marks
Act (Cap. 506), lawfully used by any person to denote any chattel to
be an article or thing of the manufacture, workmanship, production
or merchandise of such person or to be an article or thing of any
peculiar or particular description made or sold by such person; or
(b) any mark or sign which in pursuance of any law in force for the time
being relating to registered designs is to be put or placed upon or
attached to any chattel or article during the existence or continuance
of any copyright or other sole right acquired under the provision of
such law.
[Act No. 27 of 1962, s. 19.]

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381. Counterfeiting trade marks

(1) Any person who does any of the following things, that is to say—
(a) forges or counterfeits any trade mark;
(b) applies any trade mark, or any forged or counterfeit trade mark, to
any chattel or article, not being the merchandise of any person
whose trade mark is so forged or counterfeited;
(c) applies any trade mark, or any forged or counterfeited trade mark, to
any chattel or article, not being the particular or peculiar description
of merchandise denoted or intended to be denoted by such trade
mark or by such forged or counterfeited trade mark;
(d) applies any trade mark, or any forged or counterfeited trade mark, to
any thing intended for any purpose of trade or manufacture, or in, on
or with which any chattel or article is intended to be sold, or is sold
or offered or exposed for sale;
(e) encloses or places any chattel or article in, upon, under or with any
thing to which any trade mark has been falsely applied, or to which
any forged or counterfeit trade mark has been applied;
(f) applies or attaches any chattel or article to any case, cover, reel,
ticket, label or other thing to which any trade mark has been falsely
applied, or to which any false or counterfeit trade mark has been
applied;
(g) encloses, places or attaches any chattel or article in, upon, under,
with or to any thing having thereon any trade mark of any other
person,
is guilty of a misdemeanour, unless he proves that he acted without intent to
defraud any person.

(2) Every person committing any such misdemeanour as aforesaid shall

forfeit—
(a) all chattels and articles to which any such trade mark or counterfeit
trade mark is applied or caused or procured to be applied;
(b) every instrument for applying such trade mark or counterfeit trade
mark in his possession or power;
(c) the chattels and articles and the things mentioned in paragraphs (d),
(e) and (g) of subsection (1), and all similar things made to be used
in like manner in his possession or power.
[Act No. 27 of 1962, s. 19.]

CHAPTER XXXIX – PERSONATION

382. Personation in general

(1) Any person who, with intent to defraud any person, falsely represents
himself to be some other person, living or dead, is guilty of a misdemeanour.

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(2) If the representation is that the offender is a person entitled by will or

operation of law to any specific property and he commits the offence to obtain
such property or possession thereof, he is liable to imprisonment for seven years.

383. Falsely acknowledging deeds, recognizances, etc

Any person who, without lawful authority or excuse, the proof of which lies on
him, makes in the name of any other person, before any court or person lawfully
authorized to take such an acknowledgment, an acknowledgment of liability of
any kind, or an acknowledgment of a deed or other instrument, is guilty of a
misdemeanour.

384. Personation of a person named in a certificate

Any person who utters any document which has been issued by lawful
authority to another person, whereby that other person is certified to be a person
possessed of any qualification recognized by law for any purpose, or to be the
holder of any office, or to be entitled to exercise any profession, trade or
business, or to be entitled to any right or privilege, or to enjoy any rank or status,
and falsely represents himself to be the person named in the document, is guilty
of an offence of the same kind and is liable to the same punishment as if he had
forged the document.

385. Lending, etc., certificate for personation

Any person who, being a person to whom any document has been issued by
lawful authority whereby he is certified to be a person possessed of any
qualification recognized by law for any purpose, or to be the holder of any office
or to be entitled to exercise any profession, trade or business, or to be entitled to
any right or privilege, or to enjoy any rank or status, sells, gives or lends the
document to another person with intent that that other person may represent
himself to be the person named therein, is guilty of a misdemeanour.

386. Personation of person named in testimonial

Any person who, for the purpose of obtaining any employment, utters any
document of the nature of a testimonial of character given to another person, is
guilty of a misdemeanour and is liable to imprisonment for one year.

387. Lending, etc., testimonial for personation

Any person who, being a person to whom any such document as is
mentioned in section 386 has been given, gives, sells or lends the document to
another person with the intent that that other person may utter the document for
the purpose of obtaining any employment, is guilty of a misdemeanour.

Division VIII – Attempts and Conspiracies to Commit Crimes and Accessories

after the Fact
CHAPTER XL – ATTEMPTS
388. Attempt defined
(1) When a person, intending to commit an offence, begins to put his
intention into execution by means adapted to its fulfillment, and manifests his
intention by some overt act, but does not fulfill his intention to such an extent as
to commit the offence, he is deemed to attempt to commit the offence.

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(2) It is immaterial, except so far as regards punishment, whether the

offender does all that is necessary on his part for completing the commission of
the offence, or whether the complete fulfillment of his intention is prevented by
circumstances independent of his will, or whether he desists of his own motion
from the further prosecution of his intention.
(3) It is immaterial that by reason of circumstances not known to the offender
it is impossible in fact to commit the offence.

389. Attempts to commit offences.

Any person who attempts to commit a felony or a misdemeanour is guilty of
an offence and is liable, if no other punishment is provided, to one-half of such
punishment as may be provided for the offence attempted, but so that if that
offence is one punishable by death or life imprisonment he shall not be liable to
imprisonment for a term exceeding seven years.
[Act No. 10 of 1969, Sch., Act No. 5 of 2003, s. 58.]

390. Repealed by Act No. 10 of 1969, Sch.

391. Soliciting or inciting others to commit offence

Any person who solicits or incites or attempts to procure another to do any act
or make any omission, whether in Kenya or elsewhere, of such a nature that, if
the act were done or the omission were made, an offence would thereby be
committed, under the laws of Kenya or the laws in force in the place where the
act or omission is proposed to be done or made, whether by himself or by that
other person, is guilty of an offence of the same kind and is liable to the same
punishment as if he had himself attempted to do the same act or make the same
omission in Kenya:
Provided that—
(i) if the act or omission is proposed to be done or made at a place not
in Kenya, the punishment shall not exceed that which he would have
incurred under the laws in force where the act or omission was
proposed to be done or made, if he had himself attempted to do the
proposed act or make the proposed omission;
(ii) a prosecution shall not be instituted in the last-mentioned case
except at the request of the Government of the State having
jurisdiction in the place where the act or omission was proposed to
be done or made.

392. Neglect to prevent felony

Every person who, knowing that a person designs to commit or is committing
a felony, fails to use all reasonable means to prevent the commission or
completion thereof is guilty of a misdemeanour.

CHAPTER XLI – CONSPIRACIES

393. Conspiracy to commit felony
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

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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.

394. Conspiracy to commit misdemeanour

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.

395. Other conspiracies

Any person who conspires with another to effect any of the purposes
following, that is to say—
(a) to prevent or defeat the execution or enforcement of any written law;
or
(b) to cause any injury to the person or reputation of any person or to
depreciate the value of any property of any person; or
(c) to prevent or obstruct the free and lawful disposition of any property
by the owner thereof for its fair value; or
(d) to injure any person in his trade or profession; or
(e) to prevent or obstruct, by means of any act or acts which if done by
an individual person would constitute an offence on his part, the free
and lawful exercise by any person of his trade, profession or
occupation; or
(f) to effect any unlawful purpose; or
(g) to effect any lawful purpose by any unlawful means,
is guilty of a misdemeanour.

CHAPTER XLII – ACCESSORIES AFTER THE FACT

396. Definition of accessories after the fact

(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.

(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.

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397. Punishment of accessories after the fact to felonies

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.

398. Punishment of accessories after the fact to misdemeanours

Any person who becomes an accessory after the fact to a misdemeanour is
guilty of a misdemeanour.

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INDEX TO THE PENAL CODE

Note. – This index is not part of the Act, and is inserted only for convenience.

A
ABDUCTION Section
concealing or confining kidnapped or abducted person ..... 261
definition of ......................................................................... 256
in order to murder ............................................................... 258
of child under 14 with intent to steal from person ............... 262
to subject to grievous harm, slavery or unnatural offence .. 260
with intent to confine .......................................................... 259
ABORTION—
attempt to procure by another person ................................ 158
attempt to procure by woman herself ................................. 159
supplying drugs or instruments to procure ......................... 160
ABUSE OF AUTHORITY OF OFFICE 101(1)
Attorney-General's sanction to prosecute for ..................... 101(3)
ACCESSORIES—
after the fact, defined ......................................................... 396
“ “ “ to felonies, punishment ........................................... 397
“ “ “ to misdemeanours, punishment .............................. 398
“ “ “ to murder ................................................................ 222
before the fact, may be charged with committing offence .. 20
ACCOUNTING—
false, by public officer ......................................................... 331
fraudulent, by director or officer of company ...................... 328
“ false, by clerk or servant ................................................ 330
ACCUSED, liability where several and act committed by one.. 20
ACT—
causing harm to person ...................................................... 243, 244
dangerous, duty of person doing ........................................ 218
endangering life .................................................................. 243

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INDEX, A—continued
intended to cause grievous harm ....................................... 231
“ “ prevent arrest ............................................................. 231, 253
killing unborn child .............................................................. 228
likely to spread disease ...................................................... 186
negligent ............................................................................. 243
overt, definition of ............................................................... 51
preventing escape from wreck ........................................... 232
reckless .............................................................................. 243
unlawful, causing harm ...................................................... 244
ACT, defined ........................................................................... 4
ACTIONS, penal, compounding of .......................................... 119
ADMINISTERING POISON ..................................................... 236, 237
ADVERTISEMENTS FOR STOLEN PROPERTY ................... 120
AFFIDAVIT, swearing false ..................................................... 114
AFFRAY .................................................................................. 92
AGE—
Immature ............................................................................ 14
AGENT—
funds received by ............................................................... 271
theft by ............................................................................... 283
AIDING—
or abetting acts of mutiny ................................................... 48
“ “ person to commit offence .......................................... 20
“ “ woman prostitute ........................................................... 154
prisoner of war to escape ................................................... 50
suicide ................................................................................ 225
“ pact ................................................................................ 209
AIR, fouling of .......................................................................... 192
AIRCRAFT, forfeiture of .......................................................... 311
ALARM, causing by threats or breach of peace ...................... 95
ANIMALS—
communicating infectious diseases to ................................ 341
injury to ............................................................................... 338
killing with intent to steal .................................................... 289
neglect to take precautions against danger from ............... 243
APPRENTICE—
failing to provide for ............................................................ 173
under 16, duty of master to provide for .............................. 217
APPROPRIATION OF POWER, fraudulent 293

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INDEX, A—continued
ARMED—
person found with intent to commit felony .......................... 308
person in public so as to cause terror ................................ 88
ARREST—
acts intended to prevent ..................................................... 231
resisting of .......................................................................... 253
use of force in effecting ...................................................... 18
ARSON—
attempts to commit ............................................................. 333, 335
punishment of ..................................................................... 332, 334
written threats of ................................................................. 344
ASSAULT—
Common ............................................................................. 250
how far consent is a defence to charge of .......................... 241, 242
in pursuance of conspiracy to raise wages ........................ 253(c)
occasioning actual bodily harm .......................................... 251
on person in execution of duty ........................................... 253(e)
“ “ “ “ “ of process .......................................................... 253(d)
“ “ in pursuance of unlawful combination ........................ 253(c)
“ “ protecting wreck ......................................................... 252
“ police officer ................................................................... 253(b)
to commit felony ................................................................. 253(a)
use of force in excess of that authorized by law or ............
consent ............................................................................... 241
with intent to steal .............................................................. 298
“ “ “ “ “ armed with dangerous weapon ....................... 297(2)
“ “ ““ with violence or threats ......................................... 297(1)
ASSEMBLY—
religious, disturbing of ........................................................ 135
to smuggle .......................................................................... 97
unlawful .............................................................................. 78
ATTEMPTS—
at extortion ......................................................................... 300
defined ............................................................................... 388
to cast away vessels .......................................................... 337
to commit arson .................................................................. 333, 335
“ “ offences ..................................................................... 389
“ “ suicide ........................................................................ 226
“ “ unnatural offences ..................................................... 163
“ destroy property by explosives ....................................... 340

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INDEX, A—continued
“ murder ............................................................................ 220
“ “ by convict ................................................................... 221
“ procure abortion ............................................................. 158
“ “ commission of criminal acts ....................................... 391
“ rob .................................................................................. 297
“ set fire to crops, etc ........................................................ 335
ATTORNEY-GENERAL, consent of, to prosecute – See
CONSENT
AUTHORITY—
abuse of ............................................................................. 101(1)
false assumption of ............................................................ 104
making document without .................................................. 357
public, falsifying warrants for money payable under .......... 360
to prosecute - See CONSENT
undermining, of public officer ............................................. 132
wearing of uniform without ................................................. 184
B
BANKS OF RIVERS, damaging of .......................................... 339(3)
BEGGING, in a public place .................................................... 182(b)
BESTIALITY—
attempt to commit ............................................................... 163
punishment of ..................................................................... 162
BIGAMY 171
BIRTH—
concealment of ................................................................... 227
false statement for register of ............................................. 363
BOND—
to keep peace and be of good behaviour ........................... 24(h), 33
BOOKS, fraudulent by certain officers .................................... 328
BOYCOTT, wrongfully inducing .............................................. 98
BOYS, under fourteen years, indecent assault upon .............. 164
BREACH OF THE PEACE, with intent to alarm ...................... 95(2)
BREAKING—
Defined ............................................................................... 303
into building and committing felony .................................... 306
“ “ to commit felony ......................................................... 307
BRIDGES, damage to ............................................................. 339(3)
BROTHELS—
keeping ............................................................................... 156
detention in ......................................................................... 151
power of search .................................................................. 152, 155

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INDEX, B—continued
BUILDING—
breaking into and committing felony ................................... 306
“ “ with intent to commit felony ........................................ 307
damaged by rioters ............................................................ 86
destroying by rioters ........................................................... 85
person in, by day or night to commit felony ........................ 308(3)
BUOY, LIGHT OR MARK—
exhibiting false, to mislead navigators ................................ 247
light, etc., interfering with to endanger vessels .................. 336(c)
“ “ malicious damage to .................................................. 339(7)
BURGLARY, punishment for ................................................... 304(2)
in possession of articles for use in or in connexion with ..... 308(2)
BURIAL OF DEAD BODIES, hindering of ............................... 137
BURIAL PLACES, trespass on ................................................ 136
BURN, threats to ..................................................................... 344
BUSINESS, suspension or forfeiture of right to carry on ......... 30
C
CANING .................................................................................. 27
CAPITAL OFFENCE, pregnant woman convicted of .............. 211, 212
CASTING AWAY VESSELS ................................................... 336
attempt ............................................................................... 337
CAUSING DEATH, defined ..................................................... 213
CEREMONY OF MARRIAGE, fraudulent ............................... 172
CERTIFICATE—
false, by public officer ......................................................... 102
“ to registrar of marriages ................................................. 362
lending, etc., for personation .............................................. 385
personation of another named in ....................................... 384
CERTIFICATE OF COMPETENCY, may be cancelled
or suspended ..................................................................... 39
CHALLENGE, to duel .............................................................. 93
CHARACTER—
testimonial of, lending for personation ................................ 387
“ “ personation of person named in ................................ 386
CHARGE, trivial, discharge without punishment ..................... 35
CHEATING
in possession of articles for use in or in connexion with ..... 308(2)
CHEQUE, obliterating crossing on .......................................... 356
CHILD—
act done to prevent child being born alive .......................... 228

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INDEX, C—continued
destruction .......................................................................... 228
kidnapping with intent to steal ............................................ 262
stealing ............................................................................... 174
when deemed a person ...................................................... 214
CLAIM OF RIGHT, when good defence .................................. 8
CLAIMS, false by persons employed in the public service ...... 100
CLERKS—
fraudulent false accounting by ........................................... 330
theft by ............................................................................... 281
CLIPPING OF COINS ............................................................. 368
possession of clippings ...................................................... 371
COERCION - See COMPULSION
COIN—
clipping ............................................................................... 368
clippings, possession of ..................................................... 371
counterfeit, definition of ...................................................... 364
exporting ............................................................................ 375
forfeiture of ......................................................................... 377
impounding and destruction of ........................................... 370
uttering ............................................................................... 372
counterfeiting ...................................................................... 365
definition of ......................................................................... 364
foreign, uttering of .............................................................. 374(2)
melting down ...................................................................... 369
metal, uttering of as ............................................................ 374(1)
preparations for coining ...................................................... 366
COINING, preparations for ...................................................... 366
COMBINATION, unlawful, assault in pursuance of ................. 253(c)
COMMON—
intention, offence committed by persons with .................... 21
nuisance ............................................................................. 175
COMMON LAW, provisions of Code not to affect ................... 2(a)
COMMUTATION OR REMISSION OF SENTENCES ............. 2(e)
COMPANY—
false statement by officers of ............................................. 329
fraudulent acts by officers of .............................................. 328
“ books and accounts by officers of .................................. 328
theft by officers of ............................................................... 282
COMPENSATION—
payment of, may be ordered by court ................................. 24

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INDEX, C—continued
person convicted may be ordered to pay ........................... 31
COMPOUNDING—
felonies ............................................................................... 118
penal actions ...................................................................... 119
COMPULSION—
by husband, defence of ...................................................... 19
defence of, generally .......................................................... 16
“ “ in oathing cases ......................................................... 63
COMPULSORY LABOUR, unlawful ........................................ 26
CONCEALING—
birth .................................................................................... 227
deeds ................................................................................. 288
kidnapped person ............................................................... 261
minerals in mines ............................................................... 292
registers ............................................................................. 286
wills .................................................................................... 287
CONCURRENT SENTENCES ................................................ 37
CONDUCT CONDUCIVE TO BREACHES OF THE PEACE .. 94
CONFINEMENT—
wrongful .............................................................................. 263
“ of kidnapped person ...................................................... 261
“ punishment for ............................................................... 263
CONSECUTIVE SENTENCES 37
CONSENT—
person present deemed to, to administering of oaths unless
he reports ........................................................................... 64
to prosecute, abuse of office .............................................. 101(3)
“ “ false claims by officials .............................................. 101(3)
“ “ libel on dead person ................................................... 195
“ “ officer charged with administration of property .......... 101(3)
“ “ subversive activities ................................................... 77(2)
“ “ threats to kill ............................................................... 223(2)
CONSENT TO INJURY, how far a defence ............................ 241, 242
CONSPIRACY—
general ............................................................................... 395
to commit felony ................................................................. 393
“ “ misdemeanour ........................................................... 394
“ defeat justice .................................................................. 117
“ defile .............................................................................. 157
“ defraud ........................................................................... 317
“ murder ............................................................................ 224

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INDEX, C—continued
CONSTRUCTION, general rule of .......................................... 3
CONTEMPT OF COURT—
offence of ........................................................................... 121
power of court to punish for ................................................ 2(c)
power of High Court to punish for ...................................... 121(3)
CONTRADICTORY STATEMENTS BY WITNESS ................. 112
CONVERSION—
not amounting to theft ........................................................ 294
of property by trustee ......................................................... 327
CONVICTION—
for perjury, not on evidence of one witness ........................ 111
previous, theft after ............................................................ 285
CORPORAL PUNISHMENT ................................................... 24, 27
CORROSIVE SUBSTANCE, assaulting with .......................... 231
COSTS, person convicted may be ordered to pay .................. 32
COUNSELLING OR PROCURING OFFENCE—
immaterial if different offence committed ............................ 22
involves liability to be charged with committing .................. 20
punishment same as for committing ................................... 20
COUNTERFEIT—
coin, definition of ................................................................ 364
“ exporting ........................................................................ 375
“ impounding and destruction of ....................................... 370
“ making ........................................................................... 365
“ repeated uttering of ........................................................ 373
“ uttering ........................................................................... 372
forfeiture of instrument used .............................................. 377
stamps, possession of die to make .................................... 378
trade marks ........................................................................ 381
COURT—
contempt of ........................................................................ 121
defined ............................................................................... 4
may direct concurrent sentences ....................................... 37
“ distrain for fine ............................................................... 28
“ order convicted person to pay costs .............................. 32
“ “ forfeiture for certain offences ..................................... 29
“ “ imprisonment in default of payment of fine ................ 28
“ “ payment of compensation .......................................... 31
officers, obstructing ............................................................ 126

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INDEX, C—continued
CREDIT, obtaining by false pretences .................................... 316
CRIME, disabling with intent to commit ................................... 229
CRIMINAL—
responsibility for excessive force ........................................ 241
“ where consent to death or maiming ............................... 242
CROPS—
attempt to set fire to ........................................................... 335
setting fire to ....................................................................... 334
CROSSING, on cheque, obliterating ....................................... 356
CUMULATIVE SENTENCES .................................................. 37
CURRENCY, melting down ..................................................... 369
notes, mutilation ................................................................. 367A
CUSTODY, escape from lawful ............................................... 123
D
DAM, malicious damage to ..................................................... 339
DAMAGE—
to banks of river or bridges ................................................. 339(3)
“ house or vessel with explosives ..................................... 339(2)
“ navigation works ............................................................ 339(7)
“ railway works ................................................................. 339(3)(6)(7), 342
DANGEROUS—
act, duty of person doing .................................................... 218
harm, defined ..................................................................... 4
thing, duty of person in charge of ....................................... 219
weapon, assault with .......................................................... 231(b)
DEATH—
causing, defined ................................................................. 213
false statement for register of ............................................. 363
limitation as to time of ........................................................ 215
punishment of ..................................................................... 24
sentence of ......................................................................... 25
DECEIVING WITNESSES ...................................................... 115
DECLARATION, making false ................................................. 114
DEEDS—
Concealing ......................................................................... 288
false acknowledgement of .................................................. 383
punishment for damaging ................................................... 339(8)
DEFAMATION - See also LIBEL—
definition of ......................................................................... 194
of foreign princes ................................................................ 67

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INDEX, D—continued
DEFAMATORY MATTER, definition of ................................... 195
DEFENCE—
general rules ...................................................................... 7 et seq
of compulsion - See COMPULSION
“ person or property .......................................................... 17
on leaving brothel with clothing .......................................... 151(3)
DEFILE, conspiracy to ............................................................. 157
DEFILEMENT—
of idiot or imbecile .............................................................. 146
of woman or girl, conspiracy for ......................................... 157
“ “ when knowledge of age immaterial ............................ 161
DEFINITION—
Abduction ........................................................................... 256
accessories after the fact ................................................... 396
act ...................................................................................... 4
attempt ............................................................................... 388
breaking and entering ........................................................ 303
causing death ..................................................................... 213
coin ..................................................................................... 364
counterfeit coin ................................................................... 364
Court .................................................................................. 4
dangerous harm ................................................................. 4
discipline forces .................................................................. 4
document ........................................................................... 346
dwelling-house ................................................................... 4
false pretence ..................................................................... 312
felony .................................................................................. 4
forgery ................................................................................ 345
grievous harm .................................................................... 4
harm ................................................................................... 4
intent to defraud ................................................................. 348
judicial proceeding ............................................................. 4
kidnapping from guardianship ............................................ 255
“ “ “ Kenya ..................................................................... 254
knowingly ........................................................................... 4
libel ..................................................................................... 194
maim .................................................................................. 4
making a false document ................................................... 347
malice aforethought ............................................................ 206
misdemeanour ................................................................... 4

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INDEX, D—continued
money ................................................................................ 4
mortgage goods ................................................................. 291(2)
night or night-time .............................................................. 4
oath .................................................................................... 4
offence ............................................................................... 4
overt act ............................................................................. 51
person employed in the public service ............................... 4
police force ......................................................................... 4
possession ......................................................................... 4
premises ............................................................................. 4
print .................................................................................... 4
prohibited publication ......................................................... 4
property .............................................................................. 4
provocation ......................................................................... 208
public .................................................................................. 4
public place or public premises .......................................... 4
public way .......................................................................... 4
publicly ............................................................................... 4
riot ...................................................................................... 78
robbery ............................................................................... 295
stealing ............................................................................... 268
subversive .......................................................................... 77
suicide pact ........................................................................ 209
terms .................................................................................. 4
theft .................................................................................... 268
trade mark .......................................................................... 380
unlawful assembly .............................................................. 78
unlawful society .................................................................. 4
utter .................................................................................... 4
valuable security ................................................................ 4
vessel ................................................................................. 4
wound ................................................................................. 4
written law .......................................................................... 4
DEFRAUD—
conspiracy to ...................................................................... 317
intent to .............................................................................. 348
DEMANDING—
property by written threats .................................................. 299
“ with menaces with intent to steal ................................... 302
DESERTION, inducing, soldiers or police ............................... 49

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INDEX, D—continued
DESTRUCTION—
of counterfeit coin ............................................................... 370
of statutory documents ....................................................... 133
of unborn child .................................................................... 228
DETENTION—
in brothel ............................................................................ 151
with intent to defile ............................................................. 151
DIES—
for making counterfeit postage stamps .............................. 379
“ “ “ “ stamps .................................................................. 378
DIRECTOR OR OFFICER OF COMPANY—
false statement by .............................................................. 329
fraud by .............................................................................. 328
theft by ............................................................................... 282
DISABLING—
with intent to commit crime ................................................. 229
DISCHARGE, absolute and conditional ................................... 35
DISCIPLINED FORCES—
defined ............................................................................... 4
law not to be affected by Code ........................................... 2(f)
DISEASE—
infections, communicating to animals ................................. 341
negligent spreading of ........................................................ 186
DISGUISED FACE, with intent to commit felony ..................... 308(3)
DISOBEDIENCE—
of lawful order ..................................................................... 131
“ statutory duty ................................................................. 130
DISORDERLY AND IDLE PERSONS ..................................... 182
DISPERSAL OF RIOTERS ..................................................... 82
DISSUASION FROM ENLISTMENT ....................................... 46
DISTURBING RELIGIOUS ASSEMBLY ................................. 135
DOCK, malicious damage to ................................................... 339(3)
DOCUMENT—
cancelled, uttering of .......................................................... 354
defined ............................................................................... 346
destruction of statutory ....................................................... 133
exhausted, uttering of ......................................................... 354
false making of, defined ..................................................... 347
“ uttering ........................................................................... 353
forgery of judicial or official ................................................. 351

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INDEX, D—continued
making of, without authority ............................................... 357
procuring execution of, by false pretences ......................... 355
DRILLING, unlawful ................................................................. 65
DRIVING TO PUBLIC DANGER ............................................. 243(a)
DRUGS—
to procure abortion ............................................................. 160
DUEL, challenge to ................................................................. 93
DUTY—
neglect of official ................................................................ 128
statutory, disobedience of .................................................. 130
DWELLING-HOUSE—
defined ............................................................................... 4
entering with intent to commit felony .................................. 305
theft of goods in .................................................................. 279(b)
E
EARNINGS OF PROSTITUTE, living on ................................. 153, 154
ELECTRICAL POWER, fraudulent appropriation of ................ 293
ENGLISH LAW, Code to be interpreted according to .............. 3
ENLISTMENT, foreign ............................................................. 68
ENTERING—
dwelling-house with intent to commit felony ....................... 305
on land or tenements, forcibly ............................................ 90
ESCAPE—
aiding prisoner of war to ..................................................... 50
“ prisoner to ...................................................................... 124
from lawful custody ............................................................ 123
“ wreck, preventing ........................................................... 232
ESCAPED CONVICT, sentence on ........................................ 38
EVIDENCE—
destroying ........................................................................... 116
fabricating ........................................................................... 113
hindering witness giving ..................................................... 117
of perjury ............................................................................ 111
“ procuration ..................................................................... 147, 148
EXECUTION—
procuring, of deeds by threats ............................................ 301
“ “ documents by false pretences ................................... 355
“ “ security by false pretences ........................................ 314
EXECUTORS AND ADMINISTRATORS, fraud by ................. 327
EXHIBITION OF FALSE LIGHT, MARK OR BUOY ................ 247

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INDEX, E—continued
EXPLOSIVE—
attempt to destroy with ....................................................... 340
destroying house with ........................................................ 339(2)
endangering life by rash or negligent act with .................... 243
placing of, with intent to do harm ....................................... 235
using to cause grievous harm ............................................ 231
EXTENUATING CIRCUMSTANCES, discharge without .........
punishment on .................................................................... 35
EXTORTION, attempts at, by threats ...................................... 300
F
FABRICATION OF EVIDENCE ............................................... 113
FACE, disguised, with intent to commit felony ........................ 308(3)
FAITH, good, in libel ................................................................ 200
FALSE—
accounting by director or officer of company ...................... 328
“ by public officer .............................................................. 331
“ fraudulent ....................................................................... 330
acknowledgement of deeds, etc ......................................... 383
certificate to registrar .......................................................... 362
declaration for passport ...................................................... 321
document, making .............................................................. 347
“ uttering ........................................................................... 353
information, publication of, to cause alarm ......................... 66
“ to public servants ........................................................... 129
pretence, defined ............................................................... 312
“ obtaining credit by .......................................................... 316
“ “ goods by .................................................................... 313
“ “ registration by ............................................................ 320
“ “ security by .................................................................. 314
“ procuring execution of documents by ............................ 355
statement by interpreter ..................................................... 109
“ “ officer of company ..................................................... 329
“ for register of births, marriages or deaths ...................... 363
swearing ............................................................................. 114
warrants for money payable under public authority ............ 360
FALSIFICATION—
of accounts by director or officer of company ..................... 328
“ public warrants for money .............................................. 360
“ register ........................................................................... 361
“ testamentary instrument ................................................ 358

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INDEX, F—continued
FELONY—
accessories after the fact to ............................................... 397
armed to commit ................................................................ 308
assault with intent to commit .............................................. 253(a)
attempt to commit ............................................................... 389
breaking into building and committing ................................ 306
“ “ “ with intent to commit ............................................... 307
compounding ...................................................................... 118
conspiracy to commit ......................................................... 393
defined ............................................................................... 4
entering dwelling-house with intent to commit .................... 305
neglect to prevent ............................................................... 392
person convicted of, may be sentenced to fine or 26(3)
imprisonment ......................................................................
treasonable ........................................................................ 43
FEMALE - See WOMAN.
FINE—
general provisions governing imposition of ........................ 28(1)
imprisonment in default of payment of ............................... 28(1)
may be imposed in addition to or instead of imprisonment 26(3)
no corporal punishment in default of payment of ............... 27(3)
payment of, to terminate default sentence ......................... 28(3)
power of court to distrain for ............................................... 28(1)
punishment of ..................................................................... 24
scale of imprisonment imposable in default of payment ..... 28(2)
FIRE—
rash or negligent act with ................................................... 243(c)
to buildings - See ARSON.
“ crops - See ARSON.
FIREARMS—
discharging with intent to alarm .......................................... 95(2)
possession of, to prejudice of public order ......................... 89
FORCE—
use of, in defence ............................................................... 17
“ “ in effecting arrest ....................................................... 18
“ “ more than authorized by law or consent, responsibility
for ....................................................................................... 241
FORCIBLE—
detainer .............................................................................. 91
entry ................................................................................... 90

131 [Issue 1]
CAP. 63 [Rev. 2012]
Penal Code

INDEX, F—continued
FOREIGN ENLISTMENT ........................................................ 68
FORFEITURE—
aircraft, vessel or vehicle .................................................... 311
counterfeit coin ................................................................... 377
forged document ................................................................ 350
housebreaking instrument .................................................. 310
printing machine ................................................................. 57
prohibited publications ....................................................... 54
FORGED—
notes, purchasing of ........................................................... 359
testamentary instruments ................................................... 358
FORGERY - See also FALSE and FALSIFICATION.
defined ............................................................................... 345
demanding property upon forged testamentary instrument 358
forfeiture of instrument used .............................................. 377
general punishment for ...................................................... 349
obliterating crossing on cheque ......................................... 356
of judicial or official document ............................................ 351
“ stamp or die ................................................................... 352
“ trade mark ...................................................................... 381
“ will, title, judicial record or valuable security .................. 350
presumption as to intent to defraud .................................... 348
procuring execution of document by false pretence ........... 355
sending false marriage certificate to registrar .................... 362
FORTUNES, pretending to tell for reward ............................... 319
FOULING—
air ....................................................................................... 192
water .................................................................................. 191
FRAUDS—
by public officers ................................................................ 127
on sale or mortgage ........................................................... 318
FRAUDULENT—
accounts by officers of companies ..................................... 328
appropriation of power ....................................................... 293
dealing with minerals in mines ........................................... 292
disposal of trust property by trustees ................................. 327
disposition of mortgaged goods ......................................... 291
false accounting ................................................................. 330
pretence of marriage .......................................................... 170

[Issue 1] 132
[Rev. 2012] CAP. 63
Penal Code

INDEX, F—continued
FUNDS—
held under direction for payment ........................................ 270
received by agents for sale ................................................ 271
G
GOOD FAITH, in libel .............................................................. 200
GOODS—
in transit, theft of ................................................................. 279
mortgaged, fraudulent disposition of .................................. 291
obtaining by false pretences .............................................. 313
stolen, defined .................................................................... 322(3)
GRIEVOUS HARM—
acts intended to cause ....................................................... 231
defined ............................................................................... 4, 234
GROSS INDECENCY ............................................................. 165
GUARDIANSHIP—
kidnapping from .................................................................. 255
order for, in incest cases .................................................... 166(4)
H
HANDLING, stolen goods ....................................................... 322
HARM—
defined ............................................................................... 4
grievous - See “GRIEVOUS HARM”
kidnapping in order to subject to ........................................ 260
negligent acts causing ........................................................ 244
HIGH COURT, power to punish for contempt of court ............ 121(3)
HOUSE - See also BUILDING and DWELLING-HOUSE—
breaking, defined ................................................................ 303
“ punishment for ............................................................... 304
damaging with explosives .................................................. 339(2)
HUSBAND OR WIFE, procuring to steal property of the other—
See also COMPULSION
by husband ......................................................................... 274
I
IDIOTS, defilement of .............................................................. 149
IDLE AND DISORDERLY PERSONS ..................................... 182
beggar ................................................................................ 182(b)
common prostitute .............................................................. 182(a)
person doing indecent act .................................................. 182(e)
“ likely to cause breach of peace ...................................... 182(d)
“ soliciting for immoral purpose ........................................ 182(f)

133 [Issue 1]
CAP. 63 [Rev. 2012]
Penal Code

INDEX, I—continued
IGNORANCE OF LAW, when no excuse ................................ 7
IMBECILES, defilement of ....................................................... 146
IMMORAL PURPOSES, detention of females for ................... 151
IMMORALITY, power of search concerning ............................ 152, 155
IMPORTATION OF PROHIBITED PUBLICATIONS ............... 52, 53
IMPOUNDING COUNTERFEIT COIN .................................... 370
IMPRISONMENT— 24, 26
discretion of court ............................................................... 26, 28
with hard labour .................................................................. 26
may be ordered, in default of payment of fine .................... 28
punishment of ..................................................................... 24
removal from Kenya ........................................................... 26A
scale of, in default of payment of fine ................................. 28(2)
shorter term of than maximum may be imposed ................ 26
INCITEMENT TO VIOLENCE AND DISOBEDIENCE OF THE
LAW ........................................................................................ 69
INCITING—
military or police to mutiny .................................................. 47
“ “ “ “ sedition or disobedience ....................................... 48
INDECENT - See also OBSCENE—
behaviour in public places .................................................. 182(c)
performance ....................................................................... 181(1)(e)
practices between males .................................................... 165
INFANTICIDE .......................................................................... 210
INFECTIOUS DISEASES—
communicating to animals .................................................. 341
negligent spreading of ........................................................ 186
INFORMATION—
false to public servants ....................................................... 129
publication of false, to cause fear and alarm ...................... 66
INJURY—
punishment for malicious ................................................... 339
threat of, to person in public service ................................... 106
to animals ........................................................................... 338
INSANITY, when a good defence ........................................... 12
INSTIGATING, offence of - See COUNSELLING OR 393
PROCURING OFFENCE .........................................................
INSTRUMENTS—
and drugs for abortion ........................................................ 160
forged testamentary, demanding property upon ................ 358

[Issue 1] 134
[Rev. 2012] CAP. 63
Penal Code

INDEX, I—continued
of housebreaking, forfeiture of ........................................... 310
“ “ possession of ............................................................. 308(2)
INSULT TO RELIGION ........................................................... 134
INTENT - See also INTENTION—
found in a building with intent to commit felony .................. 308(3)
kidnapping with .................................................................. 259
stupefying with ................................................................... 230
to cause grievous harm ...................................................... 231
“ commit crime, disabling with .......................................... 229
“ “ felony, breaking into building ..................................... 307
“ “ “ entering dwelling ..................................................... 305
“ defraud, defined ............................................................. 348
“ disable or disfigure ......................................................... 231
“ harm, kidnapping with .................................................... 260
“ injure by placing explosives ........................................... 235
“ “ on railway ................................................................... 233
“ “ or annoy with poison .................................................. 236
“ maim .............................................................................. 231
“ murder, kidnapping with ................................................. 258
“ steal, assault with ........................................................... 298
“ “ demanding property with ........................................... 302
“ “ kidnapping child with .................................................. 262
“ “ killing animals with ..................................................... 289
“ “ severing with .............................................................. 290
INTENTION—
necessary to constitute criminal responsibility ................... 9
when intoxication may be taken into account in 13
considering .........................................................................
INTERFERENCE WITH WITNESSES .................................... 117
INTERPRETATION OF TERMS ............................................. 4
INTERPRETER, false statement by ........................................ 109
INTIMIDATION AND MOLESTATION ..................................... 238
INTOXICATION, when a good defence .................................. 13
J
JOY RIDING, unlawful use of vehicles, etc. for ....................... 294
JUDICIAL—
officer, acting as without authority ...................................... 104
“ not criminally responsible for certain actions ................. 15
official document, forgery of ............................................... 351
proceeding, defined ............................................................ 4
“ offences relating to ......................................................... 121

135 [Issue 1]
CAP. 63 [Rev. 2012]
Penal Code

INDEX, J—continued
JURISDICTION—
of courts ............................................................................. 5
where offence committed partly within and partly beyond .. 6
JUSTICE, conspiracy to defeat ............................................... 117
K
KIDNAPPED PERSON, confining or concealing ..................... 261
KIDNAPPING - See also ABDUCTION—
from Kenya ......................................................................... 254
“ lawful guardianship ........................................................ 255
in order to do harm ............................................................. 260
“ “ “ murder .................................................................... 258
of child with intent to steal from person .............................. 262
punishment for ................................................................... 257
with intent wrongfully to confine ......................................... 259
KILLING - See also MURDER—
animals, with intent to steal ................................................ 289
limitation as to time of death .............................................. 215
on provocation .................................................................... 207
unborn child ........................................................................ 228
KNOWINGLY, defined ............................................................. 4
L
LABOUR, unlawful compulsory ............................................... 266
LAW—
ignorance of, when no excuse ........................................... 7
saving of certain ................................................................. 2
LAWFUL ORDER, disobeying ................................................. 131
LENDING—
certificate for personation ................................................... 385
testimonial for personation ................................................. 387
LETTERS of administration, demanding property upon 358
forged ......................................................................................
LIBEL—
absolute privilege ............................................................... 198
conditional privilege ............................................................ 199
defamatory matter, defined ................................................ 195
defined ............................................................................... 194
explanation as to good faith ............................................... 200
publication, defined ............................................................ 196
unlawful publication, defined .............................................. 197
LICENCE, obtained by false pretence ..................................... 320

[Issue 1] 136
[Rev. 2012] CAP. 63
Penal Code

INDEX, L—continued
LIGHT - See BUOY, LIGHT OR MARK.
LIMITATION—
as to time of death .............................................................. 215
“ “ trial for seditious offences .......................................... 58(1)
LODGERS, theft by ................................................................. 284
M
MACHINERY—
endangering life by negligent act with ................................ 243(g)
malicious damage to .......................................................... 339(7)
MAGISTRATE—
acting as, without authority ................................................. 104
may issue warrant to search for detained female ............... 152
“ “ “ “ “ “ suspected brothel ........................................ 155
not criminally responsible for judicial acts .......................... 15
MAIM—
consent to ........................................................................... 242
defined ............................................................................... 4
intent to .............................................................................. 231
MALICE AFORETHOUGHT .................................................... 206
MALICIOUS DAMAGE TO PROPERTY ................................. 339
MANSLAUGHTER—
causing death defined ........................................................ 213
child, when not deemed person ......................................... 214
defined ............................................................................... 202
Infanticide ........................................................................... 210
killing on provocation .......................................................... 207
limitation as to time of death .............................................. 215
malice aforethought defined ............................................... 206
provocation defined ............................................................ 208
punishment of ..................................................................... 205
suicide pacts ...................................................................... 209
MARKS - See BUOY, LIGHT OR MARK
MARRIAGE—
false statement for register of ............................................. 363
fraudulent, going through ceremony ................................... 172
“ pretence of ..................................................................... 170
sending false certificate of, to registrar ............................... 362
MARRIED WOMAN, when compulsion by husband
good defence .......................................................................... 19

137 [Issue 1]
CAP. 63 [Rev. 2012]
Penal Code

INDEX, M—continued
MASTER—
duty of, to provide for servant or apprentice under 16 ........ 217
neglecting to provide for servants or apprentices ............... 173
MEDICAL TREATMENT—
duty to use reasonable care in ........................................... 218
negligently given ................................................................ 243(e)
MEDICINE, dispensing negligently ......................................... 243(f)
MELTING DOWN CURRENCY ............................................... 369
MILITARY—
law not to be affected by Code ........................................... 2(f)
or police, aiding desertion from .......................................... 49
“ “ aiding to mutiny .......................................................... 48
“ “ dissuasion from enlistment ........................................ 46
“ “ inciting to mutiny ........................................................ 47
“ “ inciting to sedition or disobedience ............................ 48
“ “ seducing member from duty ...................................... 47
MINERALS IN MINES, fraudulent dealing with ....................... 292
MISAPPROPRIATION, by officers of company ...................... 328
MISDEMEANOUR—
conspiracy to commit ......................................................... 394
defined ............................................................................... 4
general punishment for ...................................................... 36
MISREPRESENTATION—
by officers of companies .................................................... 329
that person acts under authority of law .............................. 104
MISTAKE OF FACT, when good defence ............................... 10
MISTRESS, duty of, to servant under sixteen ......................... 217
MOLESTATION AND INTIMIDATION ..................................... 238
MONEY—
defined ............................................................................... 4
false warrant for .................................................................. 360
received for another ........................................................... 272
MORTGAGE OF PROPERTY, frauds relating to .................... 318
MORTGAGE GOODS, fraudulent disposition of ..................... 291
MOTIVE, immaterial to criminal responsibility ......................... 9 (3)
MURDER—
accessory after the fact to .................................................. 222
attempt to ........................................................................... 220
“ “ by convict ................................................................... 221
conspiracy to ...................................................................... 224

[Issue 1] 138
[Rev. 2012] CAP. 63
Penal Code

INDEX, M—continued
defined ............................................................................... 203
kidnapping in order to ......................................................... 258
limitation as to time of death .............................................. 215
punishment ......................................................................... 204
threat to .............................................................................. 223
MUTINY—
aiding acts of ...................................................................... 48
inciting to ............................................................................ 47
N
NAVIGATION - See also VESSEL—
false light, mark or buoy misleading ................................... 247
obstruction of ...................................................................... 249
works, punishment for damage to ...................................... 339(3)
NECESSARIES, failure to supply ............................................ 239
NEGLECT—
in dealing with poisonous substances ................................ 245
of person by responsible party ........................................... 216
“ servant or apprentice by master ..................................... 217
to prevent felony ................................................................. 392
“ provide necessaries so as to endanger life .................... 239
NEGLIGENT—
acts causing harm .............................................................. 244
and reckless acts ............................................................... 243
manner, dealing in poisonous substances in ..................... 245
spreading of disease .......................................................... 186
NIGHT, NIGHT TIME, defined ................................................. 4
NOTES, forged, purchasing .................................................... 359
NUISANCE, common .............................................................. 175
O
OATHS—
administering of, to commit capital offence ........................ 60
“ “ to commit non-capital offence .................................... 61
“ “ without authority ......................................................... 103
compelling another to take ................................................. 62
defence of compulsion by person taking ............................ 63
false swearing of ................................................................ 114
presence at administration of ............................................. 64
taking, to commit capital offence ........................................ 59
“ to commit non-capital offence ........................................ 61
OBLITERATING CROSSING ON CHEQUE ........................... 356

139 [Issue 1]
CAP. 63 [Rev. 2012]
Penal Code

INDEX, O—continued
OBSCENE PUBLICATIONS, traffic in ..................................... 181
OBSTRUCTING—
court officers ....................................................................... 126
making of proclamation to rioters ....................................... 84
police officers ..................................................................... 253(b)
Public way or line of navigation .......................................... 249
OBTAINING—
credit by false pretences .................................................... 316
goods by false pretences ................................................... 313
security by false pretences ................................................. 314
OFFENCE—
accessory after the fact to .................................................. 396
attempt to commit ............................................................... 389
by corporations, societies, etc ............................................ 23
committed partly within and partly beyond jurisdiction ....... 6
counseling to commit ......................................................... 22
defined ............................................................................... 4
joint offenders, liability of each ........................................... 21
soliciting or inciting to commit ............................................ 391
under code and another law ............................................... 2
“ common law and another law ........................................ 2
unnatural ............................................................................ 162
“ attempt to commit .......................................................... 163
OFFENDER—
joint ..................................................................................... 21
principal .............................................................................. 20
OFFENSIVE—
conduct conductive to breach of peace .............................. 94
trades ................................................................................. 193
OFFERING—
return of money advanced on stolen property .................... 120
reward for return of stolen property .................................... 120
OFFICE, abuse of authority of ................................................. 101(1)
OFFICER - See also PERSON EMPLOYED IN THE PUBLIC
SERVICE—
judicial ................................................................................ 15
obstructing court ................................................................. 126
of companies and corporations, fraudulent appropriation
by ....................................................................................... 328
“ companies, false statements by ..................................... 329

[Issue 1] 140
[Rev. 2012] CAP. 63
Penal Code

INDEX, O—continued
police, assault on ............................................................... 253(b)
public, false accounting by ................................................. 133
“ false certificate by .......................................................... 102
“ tampering with ................................................................ 107
“ threat of injury to ............................................................ 106
“ undermining authority of ................................................ 132
OFFICIAL OR JUDICIAL DOCUMENT, forgery of .................. 351
OPERATION, surgical, responsibility for ................................. 240
ORDER—
lawful, disobedience of ....................................................... 131
OVERT ACT, defined .............................................................. 51
OWNER—
defined, with reference to property ..................................... 4
special ................................................................................ 268(2)
P
PACT, suicide ......................................................................... 209
PAPER, for counterfeit postage stamps .................................. 379
PARDON, President's power to ............................................... 2(e)
PARTIES TO OFFENCES ...................................................... 20
PASSPORT, false declaration for ........................................... 321
PERJURY—
by interpreter ...................................................................... 109
definition of ......................................................................... 108(1)
evidence of ......................................................................... 111
punishment for ................................................................... 110
subornation of .................................................................... 108(2)
PERMISSION TO PROSECUTE - See CONSENT—to
prosecute
PERSON—
armed with intent to commit felony ..................................... 308(1)
assault on, in execution of duty .......................................... 253(e)
“ “ in execution of process .............................................. 253(d)
“ “ in pursuance of combination ...................................... 253(c)
buying or disposing of, as slave ......................................... 264
defence of .......................................................................... 17
doing dangerous act, duty of .............................................. 218
endangering on railways .................................................... 233
idle and disorderly .............................................................. 182
in building by day or night to commit felony ....................... 308(3)
“ charge of dangerous thing ............................................. 219

141 [Issue 1]
CAP. 63 [Rev. 2012]
Penal Code

INDEX, P—continued
“ public service, threat of injury to ..................................... 106
kidnapped, wrongfully concealing ...................................... 261
on railway, endangering safety of ...................................... 233, 246
responsibility of, having charge of another ......................... 216
suspected of conveying stolen property ............................. 323
theft by, having interest in thing stolen ............................... 273
“ from ................................................................................ 279
when a child deemed to be ................................................ 214
with face disguised ............................................................. 308(3)
PERSON EMPLOYED IN THE PUBLIC SERVICE—
See also OFFICER - public—
abuse of office by ............................................................... 101(1)
attorney-general’s sanction to prosecute for abuse 101(3)
of office ...............................................................................
breach of trust by ............................................................... 127
charged with administration of property or special duty ..... 99
defined ............................................................................... 4
false claims by .................................................................... 100
“ information to ................................................................. 129
frauds by ............................................................................ 127
neglect of official duty by .................................................... 128
personation of .................................................................... 105
theft by ............................................................................... 280
threat of injury to ................................................................ 106
PERSONATION—
generally ............................................................................. 382
lending certificate for .......................................................... 385
“ testimonial for ................................................................. 387
of another entitled to property ............................................ 382(2)
“ person named in certificate ............................................ 384
“ “ “ “ testimonial ............................................................ 386
“ “ employed in the public service ................................... 105
PLACE, theft from locked ........................................................ 279(g)
PLANTS—
attempts to set fire to .......................................................... 335
setting fire to ....................................................................... 334
POISON—
administering ...................................................................... 237
dealing with in negligent manner ........................................ 243(f), 245
maliciously administering ................................................... 236

[Issue 1] 142
[Rev. 2012] CAP. 63
Penal Code

INDEX, P—continued
POISONING—
unlawful .............................................................................. 236, 237
POLICE—
aiding, to mutiny ................................................................. 48
assault on ........................................................................... 253(b)
dispersal of rioters by ......................................................... 82
inciting to mutiny ................................................................ 47
“ “ sedition or disobedience ............................................ 48
inducing desertion of .......................................................... 49
law not to be affected by code ........................................... 2 (f)
obstruction of ...................................................................... 253(b)
proclamation to rioters by ................................................... 81
seizure and disposal of prohibited publications by ............. 54
wearing uniform of, without authority .................................. 184
POSSESSION—
handling stolen goods ........................................................ 322(2)
of coin clippings .................................................................. 371
“ die to make counterfeit stamps ...................................... 378
“ firearms .......................................................................... 89
person suspected of conveying stolen property ................. 323
receiving goods stolen outside Kenya ................................ 326
“ stolen goods ................................................................... 322(1)
retaining stolen goods ........................................................ 322(1)
POSTAL MATTER, theft of ..................................................... 277
POWER, fraudulent appropriation of ....................................... 293
PREGNANT WOMAN, convicted of capital offence ................ 211, 212
PREPARATIONS FOR COINING ........................................... 366
PRESIDENT—
power of pardon, remission, etc ......................................... 2(e)
PRETENCE—
false .................................................................................... 312
“ obtaining credit by .......................................................... 316
“ “ goods by .................................................................... 313
“ “ registration by ............................................................ 320
“ “ security by .................................................................. 314
fraudulent, of marriage ....................................................... 170
PRETENDING TO TELL FORTUNE FOR REWARD ............. 319
PREVENT, felony, neglect to .................................................. 392
PRISONERS—
aiding to escape ................................................................. 124

143 [Issue 1]
CAP. 63 [Rev. 2012]
Penal Code

INDEX, P—continued
escape of, from lawful custody ........................................... 123
of war, aiding to escape ..................................................... 50
PRIVILEGE—
absolute .............................................................................. 198
conditional .......................................................................... 199
PROCLAMATION—
calling on rioters to disperse .............................................. 81
dispersal of rioters after ...................................................... 82
obstructing making of ......................................................... 84
rioting after ......................................................................... 83
PROCURING—
execution of deeds by threats ............................................ 301
indecent practices between males ..................................... 165
offence ............................................................................... 20, 391
PROHIBITED—
publications, penalty for ..................................................... 53
“ power to prohibit ............................................................ 52
“ seizure and disposal of .................................................. 54
PROPERTY—
attempts to destroy by explosives ...................................... 340
damage to, malicious ......................................................... 339
defence of .......................................................................... 17
defined ............................................................................... 4
demanding by written threats ............................................. 299
“ upon forged testamentary instrument ............................ 358
“ with menaces ................................................................. 302
frauds on sale or mortgage of ............................................ 318
fraudulent appropriation of, by officers ............................... 328
husband and wife ............................................................... 274
malicious damage to .......................................................... 339
obtaining, by false pretences ............................................. 313
officers with special duty towards ....................................... 99
persons suspected of having or conveying stolen .............. 323
receiving stolen .................................................................. 322(1)
“ “ outside Kenya ............................................................ 326
“ unlawfully obtained ........................................................ 322(2)
retaining stolen ................................................................... 322(1)
stolen, advertisements for .................................................. 120
“ person suspected of having or conveying stolen ........... 323
“ receiving ......................................................................... 322(1), 326

[Issue 1] 144
[Rev. 2012] CAP. 63
Penal Code

INDEX, P—continued
“ retaining ......................................................................... 322(1)
trust, fraudulent disposal of ................................................ 327
PROSTITUTE—
living on earnings of ........................................................... 153, 154
search of premises used by ............................................... 155
woman aiding and abetting ................................................ 154
PROVOCATION—
defined ............................................................................... 208
killing on ............................................................................. 207
PUBLIC - See also OFFICER AND PERSON EMPLOYED IN
THE
PUBLIC SERVICE—
obstructing .......................................................................... 249
stores, possession of marked ............................................ 324
PUBLICATION—
defamatory matter, defined ................................................ 196
defamatory matter, privilege ............................................... 198, 199
obscene, traffic in ............................................................... 181
prohibited ........................................................................... 52
“ penalty for ...................................................................... 53
“ seizure and disposal of .................................................. 54
unlawful .............................................................................. 197
PUNISHMENT—
corporal .............................................................................. 27
different kinds of ................................................................. 24
For accessories after fact to felony .................................... 397
“ “ “ “ “ “ “ misdemeanour .......................................... 398
“ attempts to commit certain felonies ................................ 389
“ burglary .......................................................................... 304
“ damage to banks of rivers .............................................. 339(3)
“ “ “ bridges .................................................................... 339(3)
“ “ “ deeds ...................................................................... 339(8)
“ “ “ house or vessel with explosives ............................. 339(2)
“ “ “ navigation works ..................................................... 339(3)
for damage to railways ....................................................... 339(3)(6)(7), 342
“ “ “ records .................................................................... 339(8)
“ “ “ registers .................................................................. 339(4)
“ “ “ special things .......................................................... 339(7)
“ “ “ wills ......................................................................... 339(4)
“ “ “ wrecks .................................................................... 339(5)

145 [Issue 1]
CAP. 63 [Rev. 2012]
Penal Code

INDEX, P—continued
“ dealing in poisonous substances ................................... 245
“ false statements by interpreters ..................................... 110
“ forgery ............................................................................ 349
“ housebreaking ............................................................... 304
“ kidnapping ...................................................................... 257
“ malicious damage .......................................................... 339
“ manslaughter ................................................................. 205
“ melting down currency ................................................... 369
“ murder ............................................................................ 204
“ perjury ............................................................................ 110
“ rape ................................................................................ 140
“ receiving goods stolen outside Kenya ............................ 326
“ “ stolen property ........................................................... 322
“ riot .................................................................................. 80
“ robbery ........................................................................... 296
“ subornation of perjury .................................................... 110
“ theft ................................................................................ 275
“ traffic in obscene publications ........................................ 181
“ unlawful assembly .......................................................... 79
“ “ oaths .......................................................................... 59 et seq
“ wrongful confinement ..................................................... 263
general, for misdemeanours .............................................. 36
kinds of ............................................................................... 24
RAILWAY—
endangering safety of persons on ...................................... 246
intentionally endangering safety of persons on .................. 233
interfering with, by rioters ................................................... 87
malicious damage to .......................................................... 339
punishment for damage to ................................................. 339(6)
theft of things attached to ................................................... 279(d)
works, punishment for damage to ...................................... 342
RECEIVER—
goods stolen outside Kenya ............................................... 326
RECKLESS ACTS ................................................................... 243
RECOGNIZANCES—
false acknowledgment of .................................................... 383
procedure as to .................................................................. 34
RECORDS, punishment for damage to ................................... 339(4)
REGISTERS—
concealing of ...................................................................... 286

[Issue 1] 146
[Rev. 2012] CAP. 63
Penal Code

INDEX, A—continued
false statements for ............................................................ 363
falsification of ..................................................................... 361
punishment for damage to ................................................. 339(4)
REGISTRAR, sending false certificate of marriage to ............. 362
REGISTRATION, obtaining by false pretence ........................ 320
RELIGION, insult to ................................................................. 134
RELIGIOUS—
assembly, disturbing of ...................................................... 135
feelings, words wounding ................................................... 138
RESCUE FROM LAWFUL CUSTODY .................................... 122
RESISTING—
person in execution of lawful duty ...................................... 253(e)
“ “ “ “ “ “ process ....................................................... 253(d)
police officer ....................................................................... 253(b)
RESPONSIBILITY—
criminal, for death or maiming, where consent ................... 242
“ “ excess of force ........................................................... 241
in surgical operations ......................................................... 240
of person having charge of another .................................... 216
RETAINING—
property unlawfully obtained .............................................. 322(2)
stolen property ................................................................... 322(1)
RIGHT, bona fide claim of ....................................................... 8
RIOT—
definition ............................................................................. 78(3)
punishment for ................................................................... 80
RIOTERS—
destroying buildings ........................................................... 85
dispersal of ......................................................................... 82
injuring buildings, machinery, etc ....................................... 86
interfering with railway, vehicle or vessel ........................... 87
to disperse, proclamation ................................................... 81
RIOTING, after proclamation ................................................... 83
RIOTOUSLY INTERFERING WITH RAILWAY, VEHICLE OR
VESSEL .................................................................................. 87
ROBBERY—
attempted ........................................................................... 297
definition of ......................................................................... 295
punishment for ................................................................... 296

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INDEX—continued
S
SABOTAGE ............................................................................ 343
SALE—
agent for, money received by ............................................. 271
fraudulent, of mortgaged property ...................................... 318
of noxious food or drink ...................................................... 188
SANITY, presumption of .......................................................... 11
SEARCH, power of, of brothels ............................................... 152, 155
SECURITY—
execution of, obtaining by false pretence ........................... 314
for keeping the peace ......................................................... 33
SELLING ARTICLES BEARING DESIGNS OF CURRENCY . 376
SENTENCE—
concurrent .......................................................................... 37
cumulative, unless otherwise ordered ................................ 37
death .................................................................................. 25
on escaped convicts ........................................................... 38
“ pregnant woman in capital case ..................................... 211, 212
SERVANT—
duty of master to provide for .............................................. 217
failure to provide for ........................................................... 173
fraudulent false accounting by ........................................... 330
theft by ............................................................................... 281
SEVERING WITH INTENT TO STEAL ................................... 290
SLAVE—
buying or disposing of person as ....................................... 264
habitual dealing in .............................................................. 265
SMUGGLE, assembling to ...................................................... 97
STAMPS—
counterfeit, possession of die to make ............................... 378
postage, possession of die to make ................................... 379
use of previously used ....................................................... 378(h)
STATEMENTS—
Contradictory ...................................................................... 112
false by interpreters ............................................................ 109
“ “ officials of companies ................................................ 329
“ for registers .................................................................... 363
publication of false, likely to cause alarm ........................... 66
STATUTORY—
documents, destruction of .................................................. 133
duty, disobedience of ......................................................... 130

[Issue 1] 148
[Rev. 2012] CAP. 63
Penal Code

INDEX, S—continued
STEAL, kidnapping child with intent to .................................... 262
STEALING- See THEFT ......................................................... 268
STOCK, theft of ....................................................................... 278
STOLEN—
assisting disposal of stolen goods ...................................... 322
handling, retaining, removing, disposing stolen goods ....... 322
marked public stores, possession of .................................. 324
person suspected of conveying stolen property ................. 323
receiving goods stolen outside Kenya ................................ 326
things capable of being ...................................................... 267
STORES—
public, marking ................................................................... 324(1)
“ possession of marked .................................................... 324(2)(3)
STUPEFYING TO COMFORT OFFENCE .............................. 230
SUBORNATION—
of perjury ............................................................................ 108
“ “ evidence of ................................................................ 111
“ “ punishment for ........................................................... 110
SUBVERSIVE—
activities ............................................................................. 77
“ consent to prosecute for ................................................ 77(2)
defined ............................................................................... 77(3)
SUICIDE—
aiding .................................................................................. 225
attempt to commit ............................................................... 226
pact .................................................................................... 209
SURGICAL—
operation, duty to use reasonable care in .......................... 218
“ responsibility as to ......................................................... 240
treatment, rash or negligent endangering life ..................... 243(e)
T
TAMPERING WITH PUBLIC OFFICERS ................................ 107
TENANTS, theft by .................................................................. 284
TESTIMONIAL—
of character, lending, for personation ................................. 387
“ “ personation of person named in ................................ 386
THEFT—
after previous conviction .................................................... 285
assault with intent to commit .............................................. 298
by agents ............................................................................ 283

149 [Issue 1]
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INDEX, T—continued
“ clerks .............................................................................. 281
“ directors or officers of companies .................................. 282
“ person having interest in thing stolen ............................. 273
“ person in public service ................................................. 280
“ servants ......................................................................... 281
“ tenants or lodgers .......................................................... 284
conversion not amounting to .............................................. 294
definition of ......................................................................... 268
“ “ special cases which are not theft ............................... 269
demanding property with intent to commit .......................... 302
from locked place ............................................................... 279(g)
“ the person ...................................................................... 279(a)
in possession of articles for use in or in connexion with ..... 308(2)
killing animals with intent to commit ................................... 289
of child ................................................................................ 174
“ fishing net, fishing gear .................................................. 278(b)
“ goods attached to railway .............................................. 279(d)
“ “ from dwelling-house ................................................... 279(b)
“ “ from public office ........................................................ 279(f)
“ “ from vessel in distress ............................................... 279(e)
“ “ in transit ..................................................................... 279(c)
“ motor vehicle .................................................................. 278a
“ postal matter .................................................................. 277
“ stock ............................................................................... 278
“ wills ................................................................................ 276
procuring husband or wife to steal property of other .......... 274
punishment for ................................................................... 275
severing with intent to commit ............................................ 290
THINGS CAPABLE OF BEING STOLEN ................................ 267
THREATENING—
violence on forcible entry on land ....................................... 90
“ or breach of peace ......................................................... 95
THREATS—
attempts at extortion by ...................................................... 300
criminal responsibility for acts under .................................. 16
demanding property by written ........................................... 299
of injury to person in public service .................................... 106
procuring execution of deeds by ........................................ 301
to burn ................................................................................ 344

[Issue 1] 150
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Penal Code

INDEX, T—continued
“ kill ................................................................................... 223
written, to kill ...................................................................... 223
TRACING POSSESSION OF PROPERTY SUSPECTED
STOLEN .................................................................................. 325
TRADE—
assault in respect of ........................................................... 253(c)
marks, counterfeiting .......................................................... 381
“ defined ........................................................................... 380
offensive ............................................................................. 193
TRANSIT, theft of goods in ..................................................... 279(c)
TREACHERY .......................................................................... 43A
TREASON ............................................................................... 40
accessory after the fact to .................................................. 42(a)
concealment of ................................................................... 42(b)
evidence necessary ........................................................... 45(2)
felony amounting to ............................................................ 45(2a)
immaterial where committed .............................................. 45(2b)
limitation of time for prosecution ........................................ 45(1)
misprision of ....................................................................... 42
provisions as to trial ........................................................... 45
TREASONABLE FELONY ...................................................... 43
TRESPASS on burial places ................................................... 136
TRUST, funds held under ........................................................ 270
TRUSTEES, fraudulently disposing of trust property .............. 327
U
UNIFORM—
declared to be for exclusive use ......................................... 185
wearing of, without permission ............................................ 184
UNLAWFUL—
assembly, definition of ........................................................ 78
“ punishment for ............................................................... 79
combination, assault in pursuance of ................................. 253(c)
drilling ................................................................................. 65
poisoning ............................................................................ 237(b)
publication .......................................................................... 197
wounding ............................................................................ 237(a)
UNLAWFUL OATHS - See OATHS
UNNATURAL OFFENCES ...................................................... 162
attempt to commit ............................................................... 163
UNSAFE VESSEL, conveying person in, for hire .................... 248

151 [Issue 1]
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INDEX, U—continued
UTTERING—
cancelled documents ......................................................... 354
counterfeit coin ................................................................... 372
defined ............................................................................... 4
exhausted documents ........................................................ 354
false documents ................................................................. 353
foreign coin as current coin ................................................ 374(2)
metal as current coin .......................................................... 374(1)
repeated, of counterfeit coin ............................................... 373
V
VALUABLE SECURITY, defined ............................................. 4
VEHICLE—
forfeiture of ......................................................................... 311
riotously interfering with ..................................................... 87
theft from ............................................................................ 279(c)
VESSEL—
attempt to cast away .......................................................... 337
casting away ...................................................................... 336
damage to wrecked ............................................................ 339(5)
damaging with explosives .................................................. 339(2)
defined ............................................................................... 4
destruction of ...................................................................... 339(7)
misleading navigator of ...................................................... 247
obstructing line of navigation of .......................................... 249
overloaded, conveying person for hire in ........................... 248
preventing escape from wrecked ....................................... 232
theft from ............................................................................ 279(c)
“ “ wrecked ...................................................................... 279(e)
unsafe, conveying person for hire in .................................. 248
VIOLENCE—
incitement to ....................................................................... 96
in robbery ........................................................................... 295
threatening ......................................................................... 95
W
WAR—
prisoners of, aiding to escape ............................................ 50
promoting, or warlike undertakings .................................... 44
WARRANTS, false, for money payable under public authority 360
WATER, fouling ....................................................................... 191
WELL, malicious damage to .................................................... 339(7)

[Issue 1] 152
[Rev. 2012] CAP. 63
Penal Code

INDEX, W—continued
WIFE—
compulsion of, by husband ................................................ 19
or husband, procuring to steal property of the other .......... 274
WILLS—
concealing .......................................................................... 287
demanding property upon forged ....................................... 358
forgery of ............................................................................ 350
malicious damage to .......................................................... 339(4)
theft of ................................................................................ 276
WITNESSES—
contradictory statements by ............................................... 112
deceiving ............................................................................ 115
interference with ................................................................. 117
perjury by ........................................................................... 108
WOMAN - See also DEFILEMENT—
abortion .............................................................................. 158, 159
aiding and abetting prostitutes ........................................... 154
compulsion by husband ..................................................... 19
detention of, for immoral purposes ..................................... 151
infanticide by ...................................................................... 210
living on earnings of prostitutes .......................................... 154
power of search for detained .............................................. 152
“ “ “ of house used by, for prostitution ............................ 155
pregnant, not to be sentenced to death .............................. 211
“ procedure where convicted of capital offence ................ 212
with child, abortion by ......................................................... 159
WORDS—
uttered to wound religious feeling ....................................... 138
“ “ subversive intention ................................................... 77
WOUND, defined .................................................................... 4
WOUNDING ............................................................................ 237(1)
WRECK - See VESSEL.
WRITTEN LAW, defined ......................................................... 4
WRONGFUL—
concealment or confinement of kidnapped person ............. 261
confinement, punishment for .............................................. 263

153 [Issue 1]
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Penal Code
[Subsidiary]

CHAPTER 63

PENAL CODE

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Page
1. Penal Code (Prohibited Publications) Order .............................................. 157
2. Declarations that uniforms, etc., used by persons performing services in
the public interest shall be for the exclusive use of those persons, under
section 185(1) ............................................................................................ 161
3. Directions Given As To Marks Under Section 324(1) ................................ 163

155 [Issue 1]
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Penal Code
[Subsidiary]

Orders under section 52

PENAL CODE (PROHIBITED PUBLICATIONS) ORDER

[L.N. 87/1965, L.N. 38/1967, L.N. 55/1967, L.N. 95/1967, L.N. 108/1967, L.N. 111/1967, L.N.
112/1967, L.N. 166/1967, L.N. 208/1967, L.N. 100/1968, L.N. 121/1968, L.N. 163/1968, L.N.
164/1968, L.N. 165/1968, L.N. 179/1968, L.N. 36/1969, L.N. 49/1969, L.N. 1/1970, L.N. 5/1970, L.N.
25/1981.]

1. This Order may be cited as the Penal Code (Prohibited Publications) Order.

2. The importation of a periodical publication entitled Revolution in Africa and all past and
future issues thereof is prohibited.

3. The importation of a periodical publication entitled Sauti Ya Urafiki and all past and
future issues thereof is prohibited.

4. The importation of a periodical publication entitled News (monthly illustrated from the
German Democratic Republic), and all past and future issues thereof, is prohibited.

5. The importation of a periodical publication entitled Who Rules Kenya?, and all past
and future issues thereof, is prohibited.

6. The importation of a publication entitled The Reds and the Blacks - a Personal
Adventure, purporting to be written by William Attwood and to be published by Harper and
Row of New York, Evanston and London, and Hutchinsons of London, is prohibited.

7. The importation of a publication entitled Cheche Moja Yaweza Kuanzisha Moto

Mbugani, purporting to be written by Mao Tse-tung and published by Ofisi ya Uchapaji wa
Lugha za Kigeni, Peking, is prohibited.

8. The importation of a publication entitled Quotations from Chairman Mao Tse-tung,

purporting to be written by Mao Tse-tung and to be published by the Foreign Languages
Press, Peking, 1966, is prohibited.

9. The importation of all past or future publications purporting to be published by the

Foreign Languages Press, Peking, is prohibited.

10. The importation of any publication depicting or containing any symbol, emblem,
device, colours, slogan, motto, words or letters signifying any association with or support
for a political object or political organization is prohibited.

11. The importation of a publication entitled The African Communist, purporting to be

written by the South African Communist Party and to be published by X-Press Print (T.U.),
5 Felixstone Road, N.W.10, London, is prohibited.

12. The importation of a magazine entitled Adam, purporting to be published monthly by

Knight Publishing Corp., Los Angeles, and to be edited by Merrill Miller, is prohibited

13. The importation of a magazine entitled Cavalier, purporting to be published monthly

by Arizill Publishing Co., 145 East 49th St., New York, N.Y., and to be edited by Douglas
Allen, is prohibited.

14. The importation of a magazine entitled Men Only, purporting to be published by the
Proprietors City Magazine, Ltd., 167, Fleet Street, London, E.C.4, England is prohibited.

15. The importation of a publication entitled The Uganda Crisis 1968 - Two Years After
the Battle of Mengo Hill purporting to be edited by N. Nasamba, is prohibited.

157 [Issue 1]
CAP. 63 [Rev. 2012]
Penal Code
[Subsidiary]
16. The importation of a newspaper entitled The Nationalist published and printed in Dar
es Salaam and all past and future issues thereof are prohibited.

17. The importation of all past and future issues of a periodical publication entitled World
Revolution purporting to be published by the Progressive Labour Party and printed by
Union Labor New York is prohibited.

18. The importation of all past and future issues of a periodical publication entitled Sauti
ya Wananchi purporting to be published by the Kenya Socialist Group and printed in
London, is prohibited.

19. The importation of all past and future issues of a periodical publication entitled Africa
and the World purporting to be published by PANAF Publications Ltd., London, is
prohibited.

20. All future issues of the periodical publication entitled Voice of Africa published by
Nairo-North Company Limited are declared to be prohibited publications.
[Rev. 2012] CAP. 63
Penal Code
[Subsidiary]

DECLARATIONS THAT UNIFORMS, ETC., USED BY PERSONS PERFORMING

SERVICES IN THE PUBLIC INTEREST SHALL BE FOR THE EXCLUSIVE USE OF
THOSE PERSONS, UNDER SECTION 185(1)
[L.N. 393/1956.]
Any badge, belt-buckle or button bearing, or in the form of, the Boys Scouts emblem,
namely, a fleur-de-lis with the words “Boy Scouts”, shall be for the exclusive use of the
Boys Scouts Association.

159 [Issue 1]
[Rev. 2012] CAP. 63
Penal Code
[Subsidiary]

DIRECTIONS GIVEN AS TO MARKS UNDER SECTION 324(1)

[Cap. 24 (1948), Sub. Leg., G.N. 664/1952. L.N. 1407/1953, L.N. 56/1971.]
All or any of the marks specified hereunder may be applied in or on any stores being
the property of the East African Railways Corporation and East African Harbours
Corporation.

U.R.
K.U.R.
K.U.R. & H.
Kenya and Uganda Railways and Harbours.
Tanganyika Railways
T.R. & P.S.
Tanganyika Railways and Port Services
T.T.
T T
T R
E.A.R.
East African Railways.

161 [Issue 1]
CAP. 63 [Rev. 2012]
Penal Code
[Subsidiary]
E.A.R.H
E.A.R. & H.
East African Railways and Harbours.

E.A.R.C
East African Railways Corporation
The marks specified in the second column hereunder may be applied in or on the
stores specified in the first column hereunder, and any other stores or equipment under
the control of any branch or department of the Government of Kenya not specified in the
first column hereunder shall bear the letters and mark “K G”.
[Cap. 24 (1948), Sub Leg., L.N. 440/1958, L.N. 8/1971.]

STORES MARKS
1. Stores of any description under the control of The words “KENYA POLICE” or the letters
the Police Department and being the “K.P.”, either alone or in combination with the
property of the Government of Kenya. letters and mark “K G”.

2. Stores of any description under the control of The letters “K.P.” and a broad arrow, either alone
the Prisons Department and being the or in combination with the letters and mark
property of the Government of Kenya. “K G”.
3. Stores of any description under the control of The letters “K.R.”, either alone or in combination
the Kenya Regiment and being the property with the letters and mark “K G”.
of the Government of Kenya.
4. Stores of any description under the control of The letters “P.W.D.”, either alone or in
the Ministry of Works and being the property combination with the letters and mark “K G”,
of the Government of Kenya. or the letters “M.O.W.”, either alone or in
combination with the letters and mark “K G”
or in combination with the letters “K G”.

5. Stores of any description under the control of The letters “K.M.D.”, either alone or in
the Medical Department and being the combination with the letters and mark “K G”.
property of the Government of Kenya.
6. Stores of any description under the control of The letters “F.D.”, either alone or in combination
the Forests Department and being the with the letters and mark “K G”.
property of the Government of Kenya.
[Rev. 2012] CAP. 63
Penal Code
[Subsidiary]
STORES MARKS
7. Stores of any description under the control of The letters “A.D.”, representing Agricultural
the Ministry of Agriculture and being the Department, either alone or in combination
property of the Government of Kenya. with the letters and mark “K G”; the letters
“V.S.”, representing Veterinary Department,
either alone or in combination with the letters
and mark “K G”; the letters “A.L.D.”,
representing African Land Development, either
alone or in combination with the letters and
mark “K G”.

8. Stores under the control of any branch or The letters “G.K.”

department of, and being the property of, the
Government of Kenya.

163 [Issue 1]