- Section 23 of Penal Code CAP 63: Offences by corporations, societies, etc.
Where an offence is committed by any company or other body corporate, or by any society, association or body of persons, every person charged with, or concerned or acting in, the control or management of the affairs or activities of such company, body corporate, society, association or body of...
- Section 24 of Penal Code CAP 63: Different kinds of punishments
The following punishments may be inflicted by a court—
(a) death;
(b) imprisonment or, where the court so determines under the Community Service Orders Act, 1998, community service under a community service order;
(c) detention under the Detention Camps Act;
(d) Deleted by Act No. 5 of 2003,...
- Section 25 of Penal Code CAP 63: Sentence of death
(1) Where any person is sentenced to death, the form of the sentence shall be to the effect only that he is to suffer death in the manner authorized by law.
(2) Sentence of death shall not be pronounced on or recorded against any person convicted of an offence if it appears to the court that at...
- Section 26 of Penal Code CAP 63: Imprisonment
(1) A sentence of imprisonment for any offence shall be to imprisonment or to imprisonment with hard labour as may be required or permitted by the law under which the offence is punishable.
(2) Save as may be expressly provided by the law under which the offence concerned is punishable, a person...
- Section 26A of Penal Code CAP 63: Recommendation for removal from Kenya
Where a person who is not a citizen of Kenya is convicted of an offence punishable with imprisonment for a term not exceeding twelve months the court by which he is convicted, or any court to which his case is brought by way of appeal against conviction or sentence may, by directions to the...
- Section 28 of Penal Code CAP 63: Fines
1) Where a fine is imposed under any law, then in the absence of express provisions relating to the fine in that law the following provisions shall apply—
(a) where no sum is expressed to which the fine may extend, the amount of the fine which may be imposed is unlimited, but shall not be...
- Section 29 of Penal Code CAP 63: Forfeiture
(1) When any person is convicted of an offence under any of the following sections, namely, sections 118 and 119, the court may, in addition to or in lieu of any penalty which may be imposed, order the forfeiture of any property which has passed in connexion with the commission of the offence or, if...
- Section 30 of Penal Code CAP 63: Suspension or forfeiture of right to carry on business
(1) Where a person is convicted of any offence mentioned in Chapter XXXI and the offence arose out of, or was committed in the course of, any trade or business, whether carried on by such person or not, the court by which the conviction is recorded may, in addition to any other penalty which it may...
- Section 31 of Penal Code CAP 63: Compensation
Any person who is convicted of an offence may be adjudged to make compensation to any person injured by his offence, and the compensation may be either in addition to or in substitution for any other punishment.
- Section 32 of Penal Code CAP 63: Costs
Subject to the limitations imposed by section 171 of the Criminal Procedure Code (Cap. 75), a court may order any person convicted of an offence to pay the costs of and incidental to the prosecution or any part thereof.
- Section 33 of Penal Code CAP 63: Security for keeping the peace
A person convicted of an offence not punishable with death may, instead of, or in addition to, any punishment to which he is liable, be ordered to enter into his own recognizance, with or without sureties, in such amount as the court thinks fit, conditioned that he shall keep the peace and be of...
- Section 34 of Penal Code CAP 63: Recognizances
(1) If at any time the court which convicted an offender is satisfied that he has failed to observe any of the conditions of his recognizance, it may issue a warrant for his apprehension.
(2) An offender when apprehended on any such warrant shall be brought forthwith before the court by which the...
- Section 35 of Penal Code CAP 63: Absolute and conditional discharge
(1) Where a court by or before which a person is convicted of an offence is of opinion, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment and that a probation order under the Probation of Offenders...
- Section 36 of Penal Code CAP 63: General punishment for misdemeanours
When in this Code no punishment is specially provided for any misdemeanour, it shall be punishable with imprisonment for a term not exceeding two years or with a fine, or with both.
- Section 37 of Penal Code CAP 63: Sentences when cumulative
Where a person after conviction for an offence is convicted of another offence, either before sentence is passed upon him under the first conviction or before the expiration of that sentence, any sentence, other than a sentence of death, which is passed upon him under the subsequent conviction shall...
- Section 38 of Penal Code CAP 63: Sentence on escaped convict
When sentence is passed under this Code on an escaped convict, that sentence—
(a) if of death, or fine, shall, subject to the provisions of this Code, take effect immediately;
(b) if of imprisonment, shall run consecutively or concurrently, as the court shall order, with the unexpired portion of...
- Section 39 of Penal Code CAP 63: Cancellation or suspension of certificate of competency
) Where any person has been convicted under this Code of an offence connected with the driving of any vehicle in respect of which a certificate of competency is required, the court before which the person is convicted may in addition to or in substitution for any other punishment—
(a) if the...
- Section 40 of Penal Code CAP 63: Treason
) Any person who, owing allegiance to the Republic, in Kenya or elsewhere—
(a) compasses, imagines, invents, devises or intends—
(i) the death, maiming or wounding, or the imprisonment or restraint, of the President; or
(ii) the deposing by unlawful means of the President from his position...
- Section 42 of Penal Code CAP 63: Concealment of treason
Any person who —
(a) becomes an accessory after the fact to treason; or
(b) knowing that any person intends to commit treason, does not give information thereof with all reasonable despatch to the AttorneyGeneral, administrative officer, magistrate, or officer in charge of a police station, or...
- Section 43 of Penal Code CAP 63: Treasonable felony
Any person who, not owing allegiance to the Republic, in Kenya or elsewhere, commits any act or combination of acts which, if it were committed by a person who owed such allegiance, would amount to the offence of treason under section 40, is guilty of a felony and is liable to imprisonment for life....
- Section 43A of Penal Code CAP 63: Treachery
Any person who, with intent to help the enemy, does any act which is designed or likely to give assistance to the enemy, or to interfere with the maintenance of public order or the government of Kenya, or to impede the operation of the disciplined forces, or to endanger life, is guilty of a felony...
- Section 44 of Penal Code CAP 63: Promoting warlike undertaking
Any person who, without lawful authority, carries on, or makes preparation for carrying on, or aids in or advises the carrying on of, or preparation for, any war or warlike undertaking with, for, by or against any person or body or group of persons in Kenya, is guilty of a felony and is liable to...
- Section 45 of Penal Code CAP 63: Provisions as to trial for treason, etc.
(1) A person cannot be tried for treason, or for any of the felonies defined in sections 42, 43, 43A and 44, unless the prosecution is commenced within two years after the offence is committed.
(2) No person charged with treason, or with any of such felonies, may be convicted, except on his own...
- Section 46 of Penal Code CAP 63: Dissuasion from enlistment
Any person who wilfully dissuades or attempts to dissuade any other person from entering the disciplined forces or the police force is guilty of an offence and is liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both:
Provided that...
- Section 47 of Penal Code CAP 63: Inciting to mutiny
Any person who advisedly attempts to effect any of the following purposes, that is to say—
(a) to seduce any member of the disciplined forces or any police officer from his duty or allegiance; or
(b) to incite any such persons to commit an act of mutiny or any traitorous or mutinous act; or...
- Section 48 of Penal Code CAP 63: Aiding, etc., to mutiny, or inciting sedition or disobedience
Any person who—
(a) aids or abets, or is accessory to, any act of mutiny by, or
(b) incites to sedition or to disobedience to any lawful order given by a superior officer, any member of the disciplined forces or any police officer is guilty of a misdemeanour.
- Section 49 of Penal Code CAP 63: Inducing desertion
Any person who, by any means whatever, directly or indirectly—
(a) procures or persuades or attempts to procure or persuade to desert, or
(b) aids or abets, or is accessory to, the desertion of, or
(c) having reason to believe he is a deserter, harbours or aids in concealing, any member of the...
- Section 50 of Penal Code CAP 63: Aiding prisoners of war to escape
Any person who—
(a) knowingly and advisedly aids an alien enemy, being a prisoner of war in Kenya, whether the prisoner is confined in a prison or elsewhere or is suffered to be at large on his parole, to escape from his prison or place of confinement, or, if he is at large on his parole, to...
- Section 51 of Penal Code CAP 63: Definition of overt act
In the case of any of the offences defined in this Chapter, when the manifestation by an overt act of an intention to effect any purpose is an element of the offence, every act of conspiring with any person to effect that purpose, and every act done in furtherance of the purpose by any of the...
- Section 52 of Penal Code CAP 63: Power to prohibit publications
(1) Where the Minister, on reasonable grounds, considers that it is necessary in the interests of public order, health or morals, the security of Kenya, and to be reasonably justifiable in a democratic society, the Minister may, by order published in the Gazette, prohibit the importation of any...