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Section 98 of Penal Code CAP 63: 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, exciting disaffection against or undermining the lawful authority of the Government of Kenya, or any local authority, or of persuading any such body to alter any law or by-law, to appoint any commission or committee or to take any action which it is not by law required to take; or
(b) endangering public order in Kenya; or
(c) bringing the economic life of Kenya into jeopardy; or
(d) raising discontent or disaffection amongst the inhabitants of Kenya,
or engendering feelings of ill-will or hostility between different classes or different races of the population of Kenya, he may, by notice published in the Gazette, designate that boycott for the purposes of this section and may, by the same or any subsequent notice so published, specify in relation to a designated boycott any action which he is satisfied is likely to further that boycott, including (but without prejudice to the generality of that power) any action falling within any of the following classes of action, that is to say—
(i) abstaining from buying goods from or selling goods to any
person or class of persons; or
(ii) abstaining from buying or selling any goods or class of goods; or
(iii) abstaining from entering or approaching or dealing at any premises at which any person or class of persons carries on trade or business; or
(iv) abstaining from dealing with any person or class of persons in
the course of his trade or business; or abstaining from using or providing any service or class of service; or
(v) abstaining from working for or employing any person or class of persons; or
(vi) abstaining from letting, hiring or allowing the use of any land or buildings to any person or class of persons; or
(vii) abstaining from doing any other act which may lawfully be done.
(2) Any person who, with intent to further any designated boycott— (a) by word of mouth publicly; or
(b) by making a publication (as defined in subsection (7)), advises, induces or persuades or attempts to advise, induce or persuade any person or class of persons to take any action which has been specified in relation to that boycott is guilty of an offence and is liable to imprisonment for a term not exceeding six months.
(3) For the purposes of this section, in determining whether any words were spoken or any publication was made with intent to further a designated boycott, every person shall, unless the contrary be proved, be deemed to intend the consequences which would naturally follow from his conduct at the time and in the circumstances in which he so conducted himself.
(4) Nothing in this section shall be construed so as to make unlawful any action lawfully taken by a party to a trade dispute (as defined in the Trade Unions Act (Cap. 233)) in contemplation or in furtherance of that dispute.
[Cap. 233.]
(5) Deleted by Act No. 5 of 2003, s. 11.
(6) Any notice published under this section may at any time be amended, varied, suspended or revoked by a further notice so published.
(7) For the purposes of this section a person shall be deemed to make a publication if he prints it, makes it, publishes it, sells it, distributes it, offers it for sale or distribution or reproduces it.

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