- Section 208 of Penal Code CAP 63: 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 ordinary person to another person who is under his immediate care, or to whom he stands in a conjugal,...
- Section 209 of Penal Code CAP 63: 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 killed by a third person.
(2) Where it is shown that a person charged with the murder of another...
- Section 210 of Penal Code CAP 63: 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 reason of her not having fully recovered from the effect of giving birth to the child or by reason...
- Section 211 of Penal Code CAP 63: 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 imprisonment for life instead of sentence of death.
- Section 212 of Penal Code CAP 63: 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 woman is pregnant shall, before sentence is passed on her, be determined by the trial judge....
- Section 213 of Penal Code CAP 63: 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 another person in consequence of which that other person undergoes surgical or medical treatment which...
- Section 214 of Penal Code CAP 63: 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 circulation or not, and whether the navelstring is severed or not.
- Section 215 of Penal Code CAP 63: 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 which the last unlawful act contributing to the cause of death was done.
(3) When the cause of...
- Section 216 of Penal Code CAP 63: 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 unable to provide himself with the necessaries of life, whether the charge is undertaken under a...
- Section 217 of Penal Code CAP 63: 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; and he or she shall be deemed to have caused any consequences which adversely affect the life or...
- Section 218 of Penal Code CAP 63: 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 dangerous to human life or health, to have reasonable skill and to use reasonable care in doing the act; and...
- Section 219 of Penal Code CAP 63: 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 precaution in its use or management, the life, safety or health of any person may be endangered, to use...
- Section 220 of Penal Code CAP 63: 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, such act or omission being of such a nature as to be likely to endanger human life,
is guilty of a...
- Section 221 of Penal Code CAP 63: Attempt to murder by convict
Any person who, being under a sentence of imprisonment for three years or more, attempts to commit murder is liable to imprisonment for life.
- Section 222 of Penal Code CAP 63: Accessory after the fact to murder
Any person who becomes an accessory after the fact to murder is guilty of a felony and is liable to imprisonment for life.
- Section 223 of Penal Code CAP 63: Threats to kill
(1) Any person who without lawful excuse utters, or directly or indirectly causes any person to receive, a threat, whether in writing or not, to kill any person is guilty of a felony and is liable to imprisonment for ten years.
- Section 224 of Penal Code CAP 63: Conspiracy to murder
Any person who conspires with any other person to kill any person, whether that person is in Kenya or elsewhere, is guilty of a felony and is liable to imprisonment for fourteen years.
- Section 225 of Penal Code CAP 63: Aiding suicide
Any person who—
(a) procures another to kill himself; or
(b) counsels another to kill himself and thereby induces him to do so; or
(c) aids another in killing himself,
is guilty of a felony and is liable to imprisonment for life.
- Section 226 of Penal Code CAP 63: Attempting suicide
Any person who attempts to kill himself is guilty of a misdemeanour.
- Section 227 of Penal Code CAP 63: Concealing birth
Any person who, when a woman is delivered of a child, endeavours by any secret disposition of the dead body of the child to conceal the birth, whether the child died before, at or after its birth, is guilty of a misdemeanour.
- Section 228 of Penal Code CAP 63: Killing unborn child
Any person who, when a woman is about to be delivered of a child, prevents the child from being born alive by any act or omission of such a nature that, if the child had been born alive and had then died, he would be deemed to have unlawfully killed the child, is guilty of a felony and is liable to...
- Section 229 of Penal Code CAP 63: Disabling in order to commit felony or misdemeanour
Any person who, by any means calculated to choke, suffocate or strangle, and with intent to commit or to facilitate the commission of a felony or misdemeanour, or to facilitate the flight of an offender after the commission or attempted commission of a felony or misdemeanour, renders or attempts to...
- Section 230 of Penal Code CAP 63: Stupefying in order to commit felony or misdemeanour
Any person who, with intent to commit or to facilitate the commission of a felony or misdemeanour, or to facilitate the flight of an offender after the commission or attempted commission of a felony or misdemeanour, administers or attempts to administer any stupefying or overpowering drug or thing...
- Section 231 of Penal Code CAP 63: Acts intended to cause grievous harm or to prevent arrest
Any person who, with intent to maim, disfigure or disable any person, or to do some grievous harm to any person, or to resist or prevent the lawful arrest or detention of any person—
(a) unlawfully wounds or does any grievous harm to any person by any means whatever; or
(b) unlawfully attempts...
- Section 232 of Penal Code CAP 63: Preventing escape from wreck
Any person who unlawfully—
(a) prevents or obstructs any person who is on board of, or is escaping from, a vessel which is in distress or wrecked, in his endeavours to save his life; or
(b) obstructs any person in his endeavours to save the life of any person so situated,
is guilty of a felony...
- Section 233 of Penal Code CAP 63: Intentionally endangering safety of persons travelling by railway
Any person who, with intent to injure or to endanger the safety of any person travelling by any railway, whether a particular person or not— (a) places anything on the railway; or
(b) deals with the railway, or with anything whatever upon or near the
railway, in such a manner as to affect or...
- Section 234 of Penal Code CAP 63: Grievous harm
Any person who unlawfully does grievous harm to another is guilty of a felony and is liable to imprisonment for life.
- Section 235 of Penal Code CAP 63: Attempting to injure by explosive substances
Any person who unlawfully, and with intent to do any harm to another, puts any explosive substance in any place whatever, is guilty of a felony and is liable to imprisonment for fourteen years.
- Section 236 of Penal Code CAP 63: Maliciously administering poison with intent to harm
Any person who unlawfully, and with intent to injure or annoy another, causes any poison or noxious thing to be administered to, or taken by, any person, and thereby endangers his life, or does him grievous harm, is guilty of a felony and is liable to imprisonment for fourteen years.
- Section 237 of Penal Code CAP 63: Unlawful wounding or poisoning.
Any person who—
(a) unlawfully wounds another; or
(b) unlawfully, and with intent to injure or annoy any person, causes any poison or other noxious thing to be administered to, or taken by, any person,
is guilty of a misdemeanour and is liable to imprisonment for five years.