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 to cause a breach of the peace,
is guilty of a misdemeanour and is liable to imprisonment for six months.
(2) Any person who—
(a) with intent to intimidate or annoy any person, threatens to break or injure a dwelling-house; or
(b) with intent to alarm any person in a dwelling-house, discharges a loaded firearm or commits any other breach of the peace,
is guilty of a misdemeanour and is liable to imprisonment for three years, or, if the offence is committed in the night, to imprisonment for four years.
[Act No. 53 of 1952, Sch.]
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- 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...
- Section 120 - 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...
- Section 121 - 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...
- Section 122 - Rescue
(1) Any person who by force rescues or attempts to rescue from lawful custody any other person—
(a) is, if the last-named person is under sentence of death or imprisonment for life, or charged with...
- Section 122A - Senior police officer may order DNA sampling procedure on suspect
(1) A police officer of or above the rank of inspector may by order in writing require a person suspected of having committed a serious offence to undergo a DNA sampling procedure if there are...
- Section 122B - Suspect to comply with order
Where a suspect in respect of whom an order has been made under section 122A resists compliance with the order, members of the police force, under supervision of an officer of or above the rank of...
- Section 122C - Suspect may volunteer
(1) Nothing in section 122A shall be construed as preventing a suspect from undergoing a procedure by consent, without any order having been made:
Provided that every such consent shall be recorded...
- Section 122D - Order or consent to be proven
The results of any test or analysis carried out on a sample obtained from a DNA sampling procedure within the meaning of section 122A shall not be admissible in evidence at the request of the...
- Section 123 - Escape
Any person who, being in lawful custody, escapes from that custody is guilty of a misdemeanour.
- Section 124 - Aiding escape
Any person who—
(a) aids a prisoner in escaping or attempting to escape from lawful custody; or
(b) conveys anything or causes anything to be conveyed into a prison with intent to facilitate the...
- Section 125 - Removal, etc., of property under lawful seizure
Any person who, when any property has been attached or taken under the process of authority of any court, knowingly, and with intent to hinder or defeat the attachment or process, receives, removes,...
- Section 126 - Obstructing court officers
Any person who wilfully obstructs or resists any person lawfully charged with the execution of an order or warrant of any court is guilty of a misdemeanour and is liable to imprisonment for one year....
- Section 127 - Frauds and breaches of trust by persons employed in the public service
(1) Any person employed in the public service who, in the discharge of the duties of his office, commits any fraud or breach of trust affecting the public, whether the fraud or breach of trust would...
- Section 128 - Neglect of official duty
Every person employed in the public service who wilfully neglects to perform any duty which he is bound either by common law or by any written law to perform, provided that the discharge of the duty...
- Section 129 - False information to person employed in the public service
Whoever gives to any person employed in the public service any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause,...
- Section 130 - Disobedience of statutory duty
Everyone who wilfully disobeys any written law by doing any act which it forbids, or by omitting to do any act which it requires to be done, and which concerns the public or any part of the public, is...
- Section 131 - Disobedience of lawful orders
Everyone who disobeys any order, warrant or command duly made, issued or given by any court, officer or any person acting in any public capacity and duly authorized in that behalf, is guilty of a...
- Section 132 - Undermining authority of public officer
Any person who, without lawful excuse, the burden of proof whereof shall lie upon him, utters, prints, publishes any words, or does any act or thing, calculated to bring into contempt, or to excite...
- Section 133 - Destruction, etc., of statutory documents
(1) Any person who, knowingly and without lawful authority or excuse, destroys, mutilates, defaces, alters, abandons or fails to preserve any statutory document is guilty of an offence and is liable...
- Section 134 - Insult to religion
Any person who destroys, damages or defiles any place of worship or any object which is held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons...
- Section 135 - Disturbing religious assemblies
Any person who voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship or religious ceremony is guilty of a misdemeanour.
- Section 136 - Trespassing on burial places
Every person who, with the intention of wounding the feelings of any person or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded,...
- Section 137 - Hindering burial of dead body, etc.
Whoever unlawfully hinders the burial of the dead body of any person, or without lawful authority in that behalf disinters, dissects or harms the dead body of any person, or, being under a duty to...
- Section 138 - Writing or uttering words with intent to wound religious feelings
Any person who, with the deliberate intention of wounding the religious feelings of any other person, writes any word, or any person who, with the like intention, utters any word or makes any sound in...
- Section 146 - Defilement of idiots or imbeciles
Any person who, knowing a person to be an idiot or imbecile, has or attempts to have unlawful carnal connection with him or her under circumstances not amounting to rape, but which prove that the...