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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.
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