KENYAN LEGISLATION

Penal Code CAP 63 in Kenya

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Section 128 of Penal Code CAP 63: 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 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 guil…

Section 130 of Penal Code CAP 63: 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 inte…

Section 131 of Penal Code CAP 63: 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 re…

Section 132 of Penal Code CAP 63: 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 office…

Section 133 of Penal Code CAP 63: 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 month…

Section 134 of Penal Code CAP 63: 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 d…

Section 136 of Penal Code CAP 63: 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 pla…

Section 137 of Penal Code CAP 63: 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…

Section 146 of Penal Code CAP 63: 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…

Section 151 of Penal Code CAP 63: 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 premi…

Section 152 of Penal Code CAP 63: 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 reas…

Section 155 of Penal Code CAP 63: 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 th…

Section 156 of Penal Code CAP 63: 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 a…

Section 157 of Penal Code CAP 63: 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 t…

Section 158 of Penal Code CAP 63: 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 imprisonm…

Section 159 of Penal Code CAP 63: 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 felo…

Section 162 of Penal Code CAP 63: 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: Provi…

Section 165 of Penal Code CAP 63: 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 pe…

Section 171 of Penal Code CAP 63: 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…

Section 174 of Penal Code CAP 63: 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,…

Section 175 of Penal Code CAP 63: 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 t…