KENYAN LEGISLATION

Acts and laws in Kenya

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Section 207 of Penal Code CAP 63: 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 guil…

Section 208 of Penal Code CAP 63: 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, pa…

Section 209 of Penal Code CAP 63: 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 kil…

Section 210 of Penal Code CAP 63: 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 o…

Section 213 of Penal Code CAP 63: 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 cau…

Section 214 of Penal Code CAP 63: 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 navelstring is severed or not.

Section 215 of Penal Code CAP 63: 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…

Section 217 of Penal Code CAP 63: 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 he…

Section 218 of Penal Code CAP 63: 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…

Section 220 of Penal Code CAP 63: 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 felon…

Section 223 of Penal Code CAP 63: 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.

Section 225 of Penal Code CAP 63: 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.

Section 227 of Penal Code CAP 63: 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.

Section 228 of Penal Code CAP 63: 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…

Section 232 of Penal Code CAP 63: 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 i…