KENYAN LEGISLATION

Acts and laws in Kenya

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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.

Section 103 of Penal Code CAP 63: 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 oat…

Section 104 of Penal Code CAP 63: 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…

Section 107 of Penal Code CAP 63: 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 di…

Section 108 of Penal Code CAP 63: 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 misdemean…

Section 112 of Penal Code CAP 63: 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 wi…

Section 112A of Penal Code CAP 63: 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 th…

Section 113 of Penal Code CAP 63: 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.

Section 114 of Penal Code CAP 63: 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…

Section 115 of Penal Code CAP 63: 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 misdemeanou…

Section 116 of Penal Code CAP 63: 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 e…

Section 118 of Penal Code CAP 63: 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 felo…

Section 119 of Penal Code CAP 63: 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 actio…

Section 120 of Penal Code CAP 63: 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 t…

Section 121 of Penal Code CAP 63: 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…