KENYAN LEGISLATION

Penal Code CAP 63 in Kenya

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Section 66 of Penal Code CAP 63: 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 su…

Section 67 of Penal Code CAP 63: 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, amba…

Section 68 of Penal Code CAP 63: 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 expediti…

Section 77 of Penal Code CAP 63: 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…

Section 78 of Penal Code CAP 63: 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,…

Section 81 of Penal Code CAP 63: 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 commit…

Section 82 of Penal Code CAP 63: 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…

Section 83 of Penal Code CAP 63: 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…

Section 84 of Penal Code CAP 63: 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 t…

Section 89 of Penal Code CAP 63: Possession of firearms, etc.

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 the firearm, ammunition, offensive weapon, incendiary material or explosive is intended to be used or has recently bee…

Section 90 of Penal Code CAP 63: 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…

Section 91 of Penal Code CAP 63: 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 term…

Section 93 of Penal Code CAP 63: 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.

Section 95 of Penal Code CAP 63: 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 t…

Section 97 of Penal Code CAP 63: 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…

Section 98 of Penal Code CAP 63: 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 l…

Section 101 of Penal Code CAP 63: 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.

Section 102A of Penal Code CAP 63: 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.