Act and Laws in Kenya

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  • Section 122A of Penal Code CAP 63: Senior police officer may order DNA sampling procedure on suspect

    (1) A police officer of or above the rank of inspector may by order in writing require a person suspected of having committed a serious offence to undergo a DNA sampling procedure if there are reasonable grounds to believe that the procedure might produce evidence tending to confirm or disprove that...


  • Section 122B of Penal Code CAP 63: Suspect to comply with order

    Where a suspect in respect of whom an order has been made under section 122A resists compliance with the order, members of the police force, under supervision of an officer of or above the rank of inspector, shall be entitled to use reasonable force in restraining the suspect for the purpose of...


  • Section 122C of Penal Code CAP 63: Suspect may volunteer

    (1) Nothing in section 122A shall be construed as preventing a suspect from undergoing a procedure by consent, without any order having been made: Provided that every such consent shall be recorded in writing signed by the person giving the consent. (2) Such consent may, where the suspect is a...


  • Section 122D of Penal Code CAP 63: Order or consent to be proven

    The results of any test or analysis carried out on a sample obtained from a DNA sampling procedure within the meaning of section 122A shall not be admissible in evidence at the request of the prosecution in any proceedings against the suspect unless an order under section 122A or a consent under...


  • Section 123 of Penal Code CAP 63: Escape

    Any person who, being in lawful custody, escapes from that custody is guilty of a misdemeanour.


  • Section 124 of Penal Code CAP 63: Aiding escape

    Any person who— (a) aids a prisoner in escaping or attempting to escape from lawful custody; or (b) conveys anything or causes anything to be conveyed into a prison with intent to facilitate the escape of a prisoner, is guilty of a felony and is liable to imprisonment for seven years.


  • Section 125 of Penal Code CAP 63: Removal, etc., of property under lawful seizure

    Any person who, when any property has been attached or taken under the process of authority of any court, knowingly, and with intent to hinder or defeat the attachment or process, receives, removes, retains, conceals or disposes of that property is guilty of a felony and is liable to imprisonment...


  • Section 126 of Penal Code CAP 63: Obstructing court officers

    Any person who wilfully obstructs or resists any person lawfully charged with the execution of an order or warrant of any court is guilty of a misdemeanour and is liable to imprisonment for one year.


  • Section 127 of Penal Code CAP 63: Frauds and breaches of trust by persons employed in the public service

    (1) Any person employed in the public service who, in the discharge of the duties of his office, commits any fraud or breach of trust affecting the public, whether the fraud or breach of trust would have been criminal or not if committed against a private person, is guilty of a felony. (2) A...


  • Section 128 of Penal Code CAP 63: Neglect of official duty

    Every person employed in the public service who wilfully neglects to perform any duty which he is bound either by common law or by any written law to perform, provided that the discharge of the duty is not attended with greater danger than a man of ordinary courage might be expected to face, is...


  • Section 129 of Penal Code CAP 63: False information to person employed in the public service

    Whoever gives to any person employed in the public service any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, the person employed in the public service— (a) to do or omit anything which the person employed in...


  • Section 130 of Penal Code CAP 63: Disobedience of statutory duty

    Everyone who wilfully disobeys any written law by doing any act which it forbids, or by omitting to do any act which it requires to be done, and which concerns the public or any part of the public, is guilty of a misdemeanour and is liable, unless it appears from the written law that it was the...


  • Section 131 of Penal Code CAP 63: Disobedience of lawful orders

    Everyone who disobeys any order, warrant or command duly made, issued or given by any court, officer or any person acting in any public capacity and duly authorized in that behalf, is guilty of a misdemeanour and is liable, unless any other penalty or mode of proceeding is expressly prescribed in...


  • Section 132 of Penal Code CAP 63: Undermining authority of public officer

    Any person who, without lawful excuse, the burden of proof whereof shall lie upon him, utters, prints, publishes any words, or does any act or thing, calculated to bring into contempt, or to excite defiance of or disobedience to, the lawful authority of a public officer or any class of public...


  • Section 133 of Penal Code CAP 63: Destruction, etc., of statutory documents

    (1) Any person who, knowingly and without lawful authority or excuse, destroys, mutilates, defaces, alters, abandons or fails to preserve any statutory document 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...


  • Section 134 of Penal Code CAP 63: Insult to religion

    Any person who destroys, damages or defiles any place of worship or any object which is held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or...


  • Section 135 of Penal Code CAP 63: Disturbing religious assemblies

    Any person who voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship or religious ceremony is guilty of a misdemeanour.


  • Section 136 of Penal Code CAP 63: Trespassing on burial places

    Every person who, with the intention of wounding the feelings of any person or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any...


  • Section 137 of Penal Code CAP 63: Hindering burial of dead body, etc.

    Whoever unlawfully hinders the burial of the dead body of any person, or without lawful authority in that behalf disinters, dissects or harms the dead body of any person, or, being under a duty to cause the dead body of any person to be buried, fails to perform that duty, is guilty of a...


  • Section 138 of Penal Code CAP 63: Writing or uttering words with intent to wound religious feelings

    Any person who, with the deliberate intention of wounding the religious feelings of any other person, writes any word, or any person who, with the like intention, utters any word or makes any sound in the hearing of any other person or makes any gesture or places any object in the sight of any other...


  • Section 146 of Penal Code CAP 63: Defilement of idiots or imbeciles

    Any person who, knowing a person to be an idiot or imbecile, has or attempts to have unlawful carnal connection with him or her under circumstances not amounting to rape, but which prove that the offender knew at the time of the commission of the offence that the person was an idiot or imbecile, is...


  • Section 151 of Penal Code CAP 63: Detention of females for immoral purposes

    (1) Any person who detains any other person against his or her will— (a) in or upon any premises with intent that he or she may have unlawful sexual connection with any person, whether any particular person or generally; or (b) in any brothel, is guilty of a felony. (2) A person in or upon...


  • 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...


  • Section 153 of Penal Code CAP 63: 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 of a felony. (2) Where a male person is proved to live with or to be habitually in the company of a...


  • Section 154 of Penal Code CAP 63: 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 prostitute in such a manner as to show that she is aiding, abetting or compelling her prostitution...


  • Section 155 of Penal Code CAP 63: 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 that any person residing in or frequenting the house is living wholly or in part on the earnings of...


  • Section 156 of Penal Code CAP 63: 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 or any part thereof to be used as a brothel; or (c) being the lessor or landlord of any premises,...


  • Section 157 of Penal Code CAP 63: 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 a felony and is liable to imprisonment for three years. (2) Any person who conspires with another...


  • Section 158 of Penal Code CAP 63: 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 force of any kind, or uses any other means whatever, is guilty of a felony and is liable to...


  • Section 159 of Penal Code CAP 63: 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 whatever, or permits any such thing or means to be administered or used to her, is guilty of a...