- Section 383 of Penal Code CAP 63: Falsely acknowledging deeds, recognizances, etc
Any person who, without lawful authority or excuse, the proof of which lies on him, makes in the name of any other person, before any court or person lawfully authorized to take such an acknowledgment, an acknowledgment of liability of any kind, or an acknowledgment of a deed or other instrument, is...
- Section 384 of Penal Code CAP 63: Personation of a person named in a certificate
Any person who utters any document which has been issued by lawful authority to another person, whereby that other person is certified to be a person possessed of any qualification recognized by law for any purpose, or to be the holder of any office, or to be entitled to exercise any profession,...
- Section 385 of Penal Code CAP 63: Lending, etc., certificate for personation
Any person who, being a person to whom any document has been issued by lawful authority whereby he is certified to be a person possessed of any qualification recognized by law for any purpose, or to be the holder of any office or to be entitled to exercise any profession, trade or business, or to be...
- Section 386 of Penal Code CAP 63: Personation of person named in testimonial
Any person who, for the purpose of obtaining any employment, utters any document of the nature of a testimonial of character given to another person, is guilty of a misdemeanour and is liable to imprisonment for one year.
- Section 387 of Penal Code CAP 63: Lending, etc., testimonial for personation
Any person who, being a person to whom any such document as is mentioned in section 386 has been given, gives, sells or lends the document to another person with the intent that that other person may utter the document for the purpose of obtaining any employment, is guilty of a misdemeanour.
- Section 388 of Penal Code CAP 63: Attempt defined
(1) When a person, intending to commit an offence, begins to put his intention into execution by means adapted to its fulfillment, and manifests his intention by some overt act, but does not fulfill his intention to such an extent as to commit the offence, he is deemed to attempt to commit the...
- Section 389 of Penal Code CAP 63: Attempts to commit offences.
Any person who attempts to commit a felony or a misdemeanour is guilty of an offence and is liable, if no other punishment is provided, to one-half of such punishment as may be provided for the offence attempted, but so that if that offence is one punishable by death or life imprisonment he shall...
- Section 391 of Penal Code CAP 63: Soliciting or inciting others to commit offence
Any person who solicits or incites or attempts to procure another to do any act or make any omission, whether in Kenya or elsewhere, of such a nature that, if the act were done or the omission were made, an offence would thereby be committed, under the laws of Kenya or the laws in force in the place...
- Section 392 of Penal Code CAP 63: Neglect to prevent felony
Every person who, knowing that a person designs to commit or is committing a felony, fails to use all reasonable means to prevent the commission or completion thereof is guilty of a misdemeanour.
- Section 393 of Penal Code CAP 63: Conspiracy to commit felony
Any person who conspires with another to commit any felony, or to do any act in any part of the world which if done in Kenya would be a felony, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of a felony and is liable, if no other punishment is...
- Section 394 of Penal Code CAP 63: Conspiracy to commit misdemeanour
Any person who conspires with another to commit a misdemeanour, or to do any act in any part of the world which if done in Kenya would be a misdemeanour, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of a misdemeanour.
- Section 395 of Penal Code CAP 63: Other conspiracies
Any person who conspires with another to effect any of the purposes following, that is to say—
(a) to prevent or defeat the execution or enforcement of any written law; or
(b) to cause any injury to the person or reputation of any person or to depreciate the value of any property of any person;...
- Section 396 of Penal Code CAP 63: Definition of accessories after the fact
(1) A person who receives or assists another who is, to his knowledge, guilty of an offence, in order to enable him to escape punishment, is said to become an accessory after the fact to the offence.
(2) A wife does not become an accessory after the fact to an offence of which her husband is...
- Section 397 of Penal Code CAP 63: Punishment of accessories after the fact to felonies
Any person who becomes an accessory after the fact to a felony is guilty of a felony and is liable, if no other punishment is provided, to imprisonment for three years.
- Section 398 of Penal Code CAP 63: Punishment of accessories after the fact to misdemeanours
Any person who becomes an accessory after the fact to a misdemeanour is guilty of a misdemeanour.
- Section 1 of Law of Succession Act CAP 160: Short title
This Act may be cited as the Law of Succession Act.
- Section 2 of Law of Succession Act CAP 160: Application of Act
(1) Except as otherwise expressly provided in this Act or any other written law, the provisions of this Act shall constitute the law of Kenya in respect of, and shall have universal application to, all cases of intestate or testamentary succession to the estates of deceased persons dying after, the...
- Section 3 of Law of Succession Act CAP 160: Interpretation
(1) In this Act, except where the context otherwise requires—
“active service” means service with the armed forces or merchant marine on a field of military operations or at sea, or proceeding to or from or such field or sea, or under orders to proceed to such field or sea, or in being in some...
- Section 4 of Law of Succession Act CAP 160: Law applicable to succession
(1) Except as otherwise expressly provided in this Act or by any other written law—
(a) succession to immovable property in Kenya of a deceased person
shall be regulated by the law of Kenya, whatever the domicile of that person at the time of his death;
(b) succession to the movable property...
- Section 5 of Law of Succession Act CAP 160: Persons capable of making wills and freedom of testation
(1) Subject to the provisions of this Part and Part III, every person who is of sound mind and not a minor may dispose of all or any of his free property by will, and may thereby make any disposition by reference to any secular or religious law that he chooses.
(2) A female person, whether married...
- Section 6 of Law of Succession Act CAP 160: Appointment by will or executor
A person may, by will, appoint an executor or executors.
- Section 7 of Law of Succession Act CAP 160: Wills caused by fraud, coercion, importunity or mistake
A will or any part of a will, the making of which has been caused by fraud or coercion, or by such importunity as takes away the free agency of the testator, or has been induced by mistake, is void.
- Section 8 of Law of Succession Act CAP 160: Form of wills
A will may be made either orally or in writing.
- Section 9 of Law of Succession Act CAP 160: Oral wills
(1) No oral will shall be valid unless—
(a) it is made before two or more competent witnesses; and
(b) the testator dies within a period of three months from the date of making the will:
Provided that an oral will made by a member of the armed forces or merchant marine during a period of...
- Section 10 of Law of Succession Act CAP 160: Proof of oral wills
If there is any conflict in evidence of witnesses as to what was said by the deceased in making an oral will, the oral will shall not be valid except so far as its contents are proved by a competent independent witness.
- Section 11 of Law of Succession Act CAP 160: Written wills
No written will shall be valid unless—
(a) the testator has signed or affixed his mark to the will, or it has been signed by some other person in the presence and by the direction of the testator;
(b) the signature or mark of the testator, or the signature of the person signing for him, is so...
- Section 12 of Law of Succession Act CAP 160: Incorporation of papers by reference
If a testator, in a will or codicil, refers to another document then actually written, and expressing any part of his intentions, that document, where it is clearly identified as the document to which the will refers, shall be considered as forming part of the will or codicil in which it is referred...
- Section 13 of Law of Succession Act CAP 160: Effect of gift to attesting witness
(1) A will shall not be considered as insufficiently attested by reason of any benefit thereby given, either by way of bequest or by way of appointment to any person attesting it, or to his or her spouse.
(2) A bequest to an attesting witness (including any direction as to payment of costs or...
- Section 14 of Law of Succession Act CAP 160: Witness not disqualified by being executor
No person, by reason of his being an executor of a will, shall be disqualified as a witness to prove the execution of the will or to prove the validity or invalidity thereof.
- Section 15 of Law of Succession Act CAP 160: Existing wills
Notwithstanding the provisions of this Part, any written will executed before the commencement of this Act shall, whether the testator dies before or after the commencement of this Act, be treated as properly executed if it was executed according to the requirements of the law in force at the date...