Provisions
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A person who has been convicted of a sexual offence and who fails to disclose such conviction when applying for employment which places him or her in a position of authority or care of children or any other vulnerable person or when offering or agreeing to take care of or supervise children or any o…
(1) A court, in criminal proceedings involving the alleged commission of a sexual offence, may declare a witness, other than the accused, who is to give evidence in those proceedings a vulnerable witness if such witness is— (a) the alleged victim in the proceedings pending before the court; (b) a ch…
(1) The prosecution shall inform a witness who is to give evidence in criminal proceedings in which a person is charged with the alleged commission of a sexual offence, or if such witness is a child, such child, his or her parent or guardian or a person in loco parentis, of the possibility that he o…
Evidence of the surrounding circumstances and impact of any sexual offence upon a complainant may be adduced in criminal proceedings involving the alleged commission of a sexual offence where such offence is tried in order to prove— (a) whether a sexual offence is likely to have been committed— (i)…
(1) No evidence as to any previous sexual experience or conduct of any person against or in connection with whom any offence of a sexual nature is alleged to have been committed, other than evidence relating to sexual experience or conduct in respect of the offence which is being tried, shall be add…
(1) A court shall upon conviction of a person having committed a sexual offence and if satisfied that the convicted person is dependent on or has the propensity to misuse alcohol, any drug or is suffering from any other disorder, and may benefit from treatment, grant an order for treatment or profes…
(1) Notwithstanding the provisions of section 26 of this Act or any other law, where a person is charged with committing an offence under this Act, the court may direct that an appropriate sample or samples be taken from the accused person, at such place and subject to such conditions as the court m…
(1) Any person who intentionally interferes with a scene of crime or any evidence relating to the commission of an offence under this Act is guilty of an offence and is liable upon conviction to imprisonment for a term of not less than three years or to a fine of one hundred thousand shillings or to…
Deleted by Act No. 12 of 2012, Sch.
(1) A court may declare a person who has been convicted of a sexual offence a dangerous sexual offender if such a person has— (a) more than one conviction for a sexual offence; (b) been convicted of a sexual offence which was accompanied by violence or threats of violence; or (c) been convicted of a…
The decision as to whether the prosecution or investigation by any police officer of a complaint that a sexual offence has been committed should be discontinued shall rest with the Attorney-General.
(1) A person who, while being a citizen of, or permanently residing in Kenya, commits an act outside Kenya which act would constitute a sexual offence had it been committed in Kenya, is guilty of such an offence and is liable to the same penalty prescribed for such offence under this Act. (2) A pers…
For the purposes of this Act, a person consents if he or she agrees by choice, and has the freedom and capacity to make that choice.
(1) An act is intentional and unlawful if it is committed— (a) in any coercive circumstance; (b) under false pretences or by fraudulent means; or (c) in respect of a person who is incapable of appreciating the nature of an act which causes the offence. (2) The coercive circumstances, referred to in…
(1) If in proceedings for an offence under this Act, it is proved— (a) that any of the circumstances specified in subsection (2) existed; and (b) that the accused person knew that those circumstances existed, the complainant is to be taken not to have consented to the act unless sufficient evidence…
(1) If in proceedings under this Act it is proved that the accused person committed any offence and that any of the circumstances specified in subsection (2) existed, it is to be conclusively presumed— (a) that the complainant did not consent to the commission of that act; and (b) that the accused p…
The Minister shall— (a) prepare a national policy framework to guide the implementation, and administration of this Act in order to secure acceptable and uniform treatment of all sexual related offences including treatment and care of victims of sexual offences; (b) review the policy framework at le…
The Minister may, in consultation with the Ministers for the time being responsible for matters relating to Internal Security, Prisons, Social Services, Education and Health, make regulations regarding— (a) any matter which is required or permitted by this Act to be prescribed by regulations; (b) th…
The Chief Justice may make rules of Court for the implementation of this Act.
The provisions of the First Schedule shall apply.
The Acts identified in the Second Schedule are amended in the manner set out in the Schedule.
(1) This Act may be cited as the Companies Act, 2015. (2) This section comes into operation on the date on which this Act is published in Gazette. (3) The Cabinet Secretary shall, by notice published in the Gazette, bring into operation the remaining provisions of this Act on such date or such diffe…
The objects of this Act are to facilitate commerce, industry and other socioeconomic activities by enabling one or more natural persons to incorporate as entities with perpetual succession, with or without limited liability, and to provide for the regulation of those entities in the public interest,…
(1) In this Act, unless the context otherwise requires— “address” includes— (a) a fax number, e-mail address or any other electronic address used for the purposes of sending or receiving documents or information by electronic means; and (b) a postal and physical address; "administrator”, in relation…
(1) For the purposes of paragraph (a) of the definition of "holding company" in section 3(1), a company controls the composition of another company's board of directors if it has power to appoint or remove all, or a majority, of that other company's directors without any other person's consent. (2)…
For the purposes of this Act, a company is a limited company if it is a company limited by shares or by guarantee.
(1) For the purposes of this Act, a company is a company limited by shares if the liability of its members is limited by the company's articles to any amount unpaid on the shares held by the members. (2) For the purposes of subsection (1), the liability of the members of an existing company is taken…
(1) For the purposes of this Act, a company is a company limited by guarantee if— (a) it does not have a share capital; (b) the liability of its members is limited by the company's articles to the amount that the members undertake, by those articles, to contribute to the assets of the company in the…
For the purposes of this Act, a company is an unlimited company if— (a) there is no limit on the liability of its members; and (b) its certificate of incorporation states that the liability of its members is unlimited.
(1) For the purposes of this Act, a company is a private company if— (a) its articles— (i) restrict a member's right to transfer shares; (ii) limit the number of members to fifty; and (iii) prohibit invitations to the public to subscribe for shares or debentures of the company; (iv) requires the con…