Section 152 of Penal Code CAP 63: Power of search for persons detained
(1) If it appears to any magistrate, on information laid before him on oath by—
(a) any parent, relative or guardian of a person named in the information; or
(b) any other informant who, in the opinion of the magistrate, is acting bona fide in the interests of the person so named, that there is reasonable cause to suspect that the person named in the information is unlawfully detained for immoral purposes by any person in any place within the jurisdiction of the magistrate, the magistrate may issue a warrant authorising the person charged with its execution to search for and, when found, to take to and detain in a place of safety the person named in the information until he or she can be brought before a magistrate.
(2) The magistrate before whom the person concerned is brought may cause the person to be delivered up to his or her parents or guardians or to be otherwise dealt with as circumstances may require.
(3) A magistrate issuing a warrant under subsection (1) may by the same or another warrant cause any person accused of unlawfully detaining the person concerned to be apprehended and brought before a magistrate, where he shall be dealt with according to law.
(4) A person shall be deemed to be unlawfully detained for immoral purposes if—
(a) the person is detained for the purpose of having unlawful sexual
connection with any person, whether any particular person or generally; and
(b) the person—
(i) is under the age of sixteen years; or
(ii) being of or over the age of sixteen years and under the age of eighteen years, is so detained against his or her will or against the will of his or her father or mother or any person having the lawful care or charge of him or her; or
(iii) being of or over the age of eighteen years, is so detained against his or her own will.
(5) Any person authorised by warrant under this section to search for any person detained as abovementioned may enter (if need be, by force) any house, building or other place mentioned in the warrant, and may remove the person therefrom.
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 153 - Male person living on earnings of prostitution or soliciting
(1) Every male person who—
(a) knowingly lives wholly or in part on the earnings of prostitution; or
(b) in any public place persistently solicits or importunes for immoral purposes,
is guilty...
- Section 154 - Woman living on earnings of prostitution or aiding, etc., prostitution
Every woman who knowingly lives wholly or in part on the earnings of prostitution, or who is proved to have, for the purpose of gain, exercised control, direction or influence over the movements of a...
- Section 155 - Premises used for prostitution
If it is made to appear to a magistrate by information on oath that there is reason to suspect that any house or any part of a house is used by a woman or girl for the purposes of prostitution, and...
- Section 156 - Brothels
Any person who—
(a) keeps or manages or assists in the management of a brothel; or
(b) being the tenant, lessee or occupier, or person in charge, of any
premises, knowingly permits the premises...
- Section 157 - Conspiracy to defile
(1) Any person who conspires with another to induce any woman or girl, by means of any false pretence or other fraudulent means, to permit any man to have unlawful carnal knowledge of her is guilty of...
- Section 158 - Attempts to procure abortion
Any person who, with intent to procure miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any...
- Section 159 - The like by woman with child
Any woman who, being with child, with intent to procure her own miscarriage, unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means...
- Section 160 - Supplying drugs or instruments to procure abortion
Any person who unlawfully supplies to or procures for any person any thing whatever, knowing that it is intended to be unlawfully used to procure the miscarriage of a woman whether she is or is not...
- Section 162 - Unnatural offences.
Any person who—
(a) has carnal knowledge of any person against the order of nature; or
(b) has carnal knowledge of an animal; or
(c) permits a male person to have carnal knowledge of him or her...
- Section 163 - Attempt to commit unnatural offences
Any person who attempts to commit any of the offences specified in section 162 is guilty of a felony and is liable to imprisonment for seven years.
- Section 165 - Indecent practices between males
Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or...
- Section 171 - Bigamy
Any person who, having a husband or wife living, goes through a ceremony of marriage which is void by reason of its taking place during the life of the husband or wife, is guilty of a felony and is...
- Section 172 - Marriage with dishonest or fraudulent intent
Any person who dishonestly or with a fraudulent intention goes through the ceremony of marriage, knowing that he is not thereby lawfully married, is guilty of a felony and is liable to imprisonment...
- Section 173 - Master not providing for servants or apprentices
Any person who being legally liable, either as master or mistress, to provide for any apprentice or servant necessary food, clothing or lodging, wilfully and without lawful excuse refuses or neglects...
- Section 174 - Child stealing
(1) Any person who, with intent to deprive any parent, guardian or other person who has the lawful care or charge of a child under the age of fourteen years of the possession of the child—...
- Section 175 - Common nuisance
(1) Any person who does an act not authorized by law or omits to discharge a legal duty and thereby causes any common injury, or danger or annoyance, or obstructs or causes inconvenience to the public...
- Section 181 - Traffic in obscene publications
(1) Any person who—
(a) for the purpose of or by way of trade or for the purpose of distribution or public exhibition, makes, produces or has in his possession any one or more obscene writings,...
- Section 182 - Idle and disorderly persons
The following persons—
(a) every common prostitute behaving in a disorderly or indecent manner in any public place;
(b) every person causing, procuring or encouraging any person to beg or gather...
- Section 184 - Unauthorized uniforms
(1) Any person who, not being a person serving in the disciplined forces or the police force, or any other armed forces for the time being lawfully present in Kenya, wears without the permission of...
- Section 185 - Wearing uniforms declared to be for exclusive use
(1) The Minister may, by notice in the Gazette, upon the application of any persons who perform, or who are members of any organization which performs, any service which in his opinion is in the...
- Section 186 - Spreading infection
Any person who unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, is guilty of a...
- Section 191 - Fouling water
Any person who voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, is guilty of a misdemeanour.
- Section 192 - Fouling air
Any person who voluntarily vitiates the atmosphere in any place, so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a...
- Section 193 - Offensive trades
Any person who, for the purposes of trade or otherwise, makes loud noises or offensive or unwholesome smells in such places and circumstances as to annoy any considerable number of persons in the...
- Section 194 - Definition of libel
Any person who, by print, writing, painting or effigy, or by any means otherwise than solely by gestures, spoken words or other sounds, unlawfully publishes any defamatory matter concerning another...
- Section 195 - Definition of defamatory matter.
Defamatory matter is matter likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or likely to damage any person in his profession or trade by an injury to his...
- Section 196 - Definition of publication
(1) A person publishes a libel if he causes the print, writing, painting, effigy or other means by which the defamatory matter is conveyed to be so dealt with, either by exhibition, reading,...
- Section 197 - Definition of unlawful publication
Any publication of defamatory matter concerning a person is unlawful within the meaning of this Chapter, unless—
(a) the matter is true and it was for the public benefit that it should be published;...
- Section 198 - Cases in which publication of defamatory matter is absolutely privileged
(1) The publication of defamatory matter is absolutely privileged, and no person shall under any circumstances be liable to punishment under this Code in respect thereof, in any of the following...
- Section 199 - Cases in which publication of defamatory matter is conditionally privileged
A publication of defamatory matter is privileged, on condition that it was published in good faith, if the relation between the parties by and to whom the publication is made is such that the person...
- Section 200 - Explanation as to good faith
A publication of defamatory matter shall be deemed not to have been made in good faith by a person, within the meaning of section 199, if it is made to appear either—
(a) that the matter was untrue,...
- Section 202 - Manslaughter
(1) Any person who by an unlawful act or omission causes the death of another person is guilty of the felony termed manslaughter.
(2) An unlawful omission is an omission amounting to culpable...
- Section 203 - Murder
Any person who of malice aforethought causes death of another person by an unlawful act or omission is guilty of murder.
- Section 204 - Punishment of murder
Any person convicted of murder shall be sentenced to death.
- Section 205 - Punishment of manslaughter
Any person who commits the felony of manslaughter is liable to imprisonment for life.
- Section 206 - Malice aforethought
Malice aforethought shall be deemed to be established by evidence proving any one or more of the following circumstances—
(a) an intention to cause the death of or to do grievous harm to any person,...
- Section 207 - Killing on provocation
When a person who unlawfully kills another under circumstances which, but for the provisions of this section, would constitute murder, does the act which causes death in the heat of passion caused by...
- Section 208 - Provocation defined
(1) The term “provocation” means and includes, except as hereinafter stated, any wrongful act or insult of such a nature as to be likely, when done to an ordinary person or in the presence of an...
- Section 209 - Suicide pacts
(1) It shall be manslaughter, and shall not be murder, for a person acting in pursuance of a suicide pact between him and another to kill the other or be a party to the other killing himself or being...
- Section 210 - Infanticide
Where a woman by any wilful act or omission causes the death of her child being a child under the age of twelve months, but at the time of the act or omission the balance of her mind was disturbed by...
- Section 211 - Sentence of death not to be passed on pregnant woman
Where a woman convicted of an offence punishable with death is found in accordance with the provisions of section 212 to be pregnant, the sentence to be passed on her shall be a sentence of...
- Section 212 - Procedure where woman convicted of capital offence alleges she is pregnant
(1) Where a woman convicted of an offence punishable with death alleges that she is pregnant, or where the court before whom she is so convicted thinks fit so to order, the question whether or not the...
- Section 213 - Causing death defined
A person is deemed to have caused the death of another person although his act is not the immediate or the sole cause of death in any of the following cases—
(a) if he inflicts bodily injury on...
- Section 214 - When child deemed to be a person
A child becomes a person capable of being killed when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, and whether it has an independent...
- Section 215 - Limitation as to time of death
(1) A person is not deemed to have killed another if the death of that person does not take place within a year and a day of the cause of death.
(2) Such period is reckoned inclusive of the day on...
- Section 216 - Responsibility of person who has charge of another
It is the duty of every person having charge of another who is unable by reason of age, sickness, unsoundness of mind, detention or any other cause to withdraw himself from such charge, and who is...
- Section 217 - Duty of masters
It is the duty of every person who as master or mistress has contracted to provide necessary food, clothing or lodging for any servant or apprentice under the age of sixteen years to provide the same;...
- Section 218 - Duty of persons doing dangerous acts
It is the duty of every person who, except in a case of necessity, undertakes to administer surgical or medical treatment to any other person, or to do any other lawful act which is or may be...
- Section 219 - Duty of persons in charge of dangerous things
It is the duty of every person who has in his charge or under his control anything, whether living or inanimate, and whether moving or stationary, of such a nature that, in the absence of care or...
- Section 220 - Attempt to murder
Any person who—
(a) attempts unlawfully to cause the death of another; or
(b) with intent unlawfully to cause the death of another does any act, or omits to do any act which it is his duty to do,...