Section 63 of Penal Code CAP 63: Compulsion, how far a defence
It shall not be a defence for a person who takes any oath or engagement in the nature of an oath mentioned in section 59 or section 61 to prove that he was compelled to do so unless, within five days after the taking of the oath or engagement in the nature of an oath or, if he is prevented by physical force or sickness, within five days after the termination of the physical force or sickness, he reported to the police, or if he is in the actual service of the disciplined forces or the police force either he so reported as aforesaid or he reported to his commanding officer, everything he knows concerning the matter, including the person or persons by whom and in whose presence, and the place where, and the time when, the oath or engagement was administered or taken.
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- Section 64 - Presence at oath administration
Any person who is present at the administering of an oath or engagement in the nature of an oath mentioned in section 59, section 61 or section 62 shall be deemed to have consented to the...
- Section 65 - Unlawful drilling
(1) Any person who—
(a) without the permission of the Minister trains or drills any other person to the use of arms or the practice of military exercises, movements or evolutions; or
(b) is...
- Section 66 - Alarming publications
(1) Any person who publishes any false statement, rumour or report which is likely to cause fear and alarm to the public or to disturb the public peace is guilty of a misdemeanour.
(2) It shall be a...
- Section 67 - Defamation of foreign princes
Any person who, without such justification or excuse as would be sufficient in the case of the defamation of a private person, publishes anything intended to be read, or any sign or visible...
- Section 68 - Foreign enlistment
(1) Any person who, without the authority of the President in writing—
(a) prepares or fits out any naval or military expedition to proceed against the dominions of any friendly state, or is engaged...
- Section 77 - Subversive activities
(1) Any person who does or attempts to do, or makes any preparation to do, or conspires with any person to do, any act with a subversive intention, or utters any words with a subversive intention, is...
- Section 78 - Definition of unlawful assembly and riot
(1) When three or more persons assemble with intent to commit an offence, or, being assembled with intent to carry out some common purpose, conduct themselves in such a manner as to cause persons in...
- Section 79 - Punishment of unlawful assembly
Any person who takes part in an unlawful assembly is guilty of a misdemeanour and is liable to imprisonment for one year.
- Section 80 - Punishment of riot
Any person who takes part in a riot is guilty of a misdemeanour.
- Section 81 - Proclamation for rioters to disperse
(1) Any administrative officer or magistrate, or, in his absence, any gazetted officer or inspector of the Kenya Police Force or any commissioned officer in the military forces in Kenya, in whose view...
- Section 82 - Dispersal of rioters after proclamation
If upon the expiration of a reasonable time after such proclamation made, or after the making of such proclamation has been prevented by force, twelve or more persons continue riotously assembled...
- Section 83 - Rioting after proclamation.
If proclamation is made commanding the persons engaged in a riot, or assembled with the purpose of committing a riot, to disperse, every person who, at or after the expiration of a reasonable time...
- Section 84 - Preventing or obstructing proclamation
Any person who forcibly prevents or obstructs the making of a proclamation as is in section 81 mentioned is guilty of a felony and is liable to imprisonment for life; and, if the making of the...
- Section 85 - Rioters demolishing buildings, etc.
Any persons who, being riotously assembled together, unlawfully pull down or destroy, or begin to pull down or destroy, any building, railway, machinery or structures are guilty of a felony and each...
- Section 86 - Rioters injuring buildings, machinery, etc.
Any persons who, being riotously assembled together unlawfully damage any of the things in section 85 mentioned, are guilty of a felony and each of them is liable to imprisonment for seven years.
- Section 87 - Riotously interfering with railway, vehicle or vessel
All persons are guilty of a misdemeanor who, being riotously assembled, unlawfully and with force prevent, hinder or obstruct the loading or unloading of any railway, vehicle or vessel, or the...
- Section 88 - Going armed in public
Any person who goes armed in public without lawful occasion in such a manner as to cause terror to any person is guilty of a misdemeanour, and his arms may be forfeited.
- Section 89 - Possession of firearms, etc.
possession or under his control any firearm or other offensive weapon, or any ammunition, incendiary material or explosive in circumstances which raise a reasonable presumption that the firearm,...
- Section 90 - Forcible entry
Any person who, in order to take possession thereof, enters on any lands or tenements in a violent manner, whether the violence consists in actual force applied to any other person or in threats or in...
- Section 91 - Forcible detainer
Any person who, being in actual possession of land without colour of right, holds possession of it, in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the...
- Section 92 - Affray
Any person who takes part in a fight in a public place is guilty of a misdemeanour and is liable to imprisonment for one year.
- Section 93 - Challenge to duel
Any person who challenges another to fight a duel, or attempts to provoke another to fight a duel, or attempts to provoke any person to challenge another to fight a duel, is guilty of a misdemeanour....
- Section 94 - Offensive conduct conducive to breaches of the peace
(1) Any person who in a public place or at a public gathering uses threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace is...
- Section 95 - 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...
- Section 96 - Incitement to violence and disobedience of the law
Any person who, without lawful excuse, the burden of proof whereof shall lie upon him, utters, prints or publishes any words, or does any act or thing, indicating or implying that it is or might be...
- Section 97 - 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...
- Section 98 - 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,...
- Section 99 - Officers charged with administration of property of a special character or with special duties
Any person who, being employed in the public service, and being charged by virtue of his employment with any judicial or administrative duties respecting property of a special character, or respecting...
- Section 100 - False claims by persons employed in the public service
Any person who, being employed in the public service in such a capacity as to require him or to enable him to furnish returns or statements touching any sum payable or claimed to be payable to himself...
- Section 101 - 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...
- Section 102 - False certificates by public officers
Any person who, being authorized or required by law to give any certificate touching any matter by virtue whereof the rights of any person may be prejudicially affected, gives a certificate which is,...
- Section 102A - 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...
- Section 103 - 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...
- Section 104 - 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...
- Section 105 - Personating persons employed in the public service
Any person who—
(a) personates any person employed in the public service on an occasion when the latter is required to do any act or attend in any place by virtue of his employment; or
(b) falsely...
- Section 106 - Threat of injury to persons employed in public service
Whoever holds out any threat of injury to any person employed in the public service, or to any person in whom he believes that person employed in the public service to be interested, for the purpose...
- Section 107 - 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...
- Section 108 - 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...
- Section 109 - False statements by interpreters
If any person, lawfully sworn as an interpreter in a judicial proceeding, wilfully makes a statement material in the proceeding which he knows to be false, or does not believe to be true, he shall be...
- Section 110 - Punishment of perjury and subornation of perjury
Any person who commits perjury or suborns perjury is liable to imprisonment for seven years.
- Section 111 - Evidence of perjury or subornation of perjury
A person cannot be convicted of committing perjury or of subornation of perjury solely upon the evidence of one witness as to the falsity of any statement alleged to be false.
- Section 112 - 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...
- Section 112A - 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...
- Section 113 - 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...
- Section 114 - 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...
- Section 115 - 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...
- Section 116 - 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...
- Section 117 - Conspiracy to defeat justice and interference with witnesses
Any person who—
(a) conspires with any other person to accuse any person falsely of any
crime or to do anything to obstruct, prevent, pervert or defeat the course of justice; or
(b) in order to...
- Section 118 - 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...
- Section 119 - 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...