KENYAN LEGISLATION

Acts and laws in Kenya

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Section 31 of Sexual Offences Act: Vulnerable witnesses

(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…

Section 35 of Sexual Offences Act: Medical treatment orders

(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…

Section 37 of Sexual Offences Act: Keeping scene of crime secure, etc.

(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…

Section 39 of Sexual Offences Act: Supervision of dangerous sexual offenders

(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…

Section 41 of Sexual Offences Act: Extra-territorial jurisdiction

(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…

Section 43 of Sexual Offences Act: Intentional and unlawful acts

(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…

Section 44 of Sexual Offences Act: Evidential presumptions about consent

(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…

Section 45 of Sexual Offences Act: Conclusive presumptions about consent

(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…

Section 46 of Sexual Offences Act: National policy framework

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…

Section 47 of Sexual Offences Act: Regulations

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…

Section 1 of The Companies Act No. 17 of 2015: Short title and commencement

(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…

Section 2 of The Companies Act No. 17 of 2015: Objects of this Act

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,…

Section 6 of The Companies Act No. 17 of 2015: Companies limited by shares

(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…

Section 7 of The Companies Act No. 17 of 2015: Companies limited by guarantee

(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…

Section 9 of The Companies Act No. 17 of 2015: Private companies

(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…