- Section 160 of Penal Code CAP 63: 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 with child, is guilty of a felony and is liable to imprisonment for three years.
- Section 162 of Penal Code CAP 63: 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 against the order of nature,
is guilty of a felony and is liable to imprisonment for fourteen...
- Section 163 of Penal Code CAP 63: 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 of Penal Code CAP 63: 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 attempts to procure the commission of any such act by any male person with himself or with another male...
- Section 171 of Penal Code CAP 63: 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 liable to imprisonment for five years:
Provided that this section shall not extend to any person...
- Section 172 of Penal Code CAP 63: 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 for five years.
- Section 173 of Penal Code CAP 63: 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 to provide the same, or unlawfully and maliciously does or causes to be done any bodily harm to such...
- Section 174 of Penal Code CAP 63: 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—
(a) forcibly or fraudulently takes or entices away or detains the child; or
(b) receives or harbours the...
- Section 175 of Penal Code CAP 63: 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 in the exercise of common rights, commits the misdemeanour termed a common nuisance and is liable...
- Section 181 of Penal Code CAP 63: 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, drawings, prints, paintings, printed matter, pictures, posters, emblems, photographs, cinematograph...
- Section 182 of Penal Code CAP 63: 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 alms;
(c) Deleted by Act No. 61 of 1968, s. 22;
(d) every person who publicly conducts himself in...
- Section 184 of Penal Code CAP 63: 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 the Minister or without other lawful authority the uniform of any of those forces, or any dress having...
- Section 185 of Penal Code CAP 63: 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 public interest, declare that any uniform, badge, button or other distinctive mark used by those persons...
- Section 186 of Penal Code CAP 63: 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 misdemeanour.
- Section 191 of Penal Code CAP 63: 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 of Penal Code CAP 63: 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 public way, is guilty of a misdemeanour.
- Section 193 of Penal Code CAP 63: 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 exercise of their common rights commits an offence and is liable to be punished as for a common...
- Section 194 of Penal Code CAP 63: 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 person, with intent to defame that other person, is guilty of the misdemeanour termed libel.
- Section 195 of Penal Code CAP 63: 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 reputation; and it is immaterial whether at the time of the publication of the defamatory matter...
- Section 196 of Penal Code CAP 63: 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, recitation, description, delivery or otherwise, that the defamatory meaning thereof becomes known or is...
- Section 197 of Penal Code CAP 63: 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; or
(b) it is privileged on one of the grounds hereafter mentioned in this Chapter.
- Section 198 of Penal Code CAP 63: 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 cases, namely—
(a) if the matter is published by the President, or by the Cabinet of Ministers, or in...
- Section 199 of Penal Code CAP 63: 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 publishing the matter is under some legal, moral or social duty to publish it to the person to whom...
- Section 200 of Penal Code CAP 63: 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, and that he did not believe it to be true; or
(b) that the matter was untrue, and that he...
- Section 202 of Penal Code CAP 63: 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 negligence to discharge a duty tending to the preservation of life or health, whether such omission is or...
- Section 203 of Penal Code CAP 63: Murder
Any person who of malice aforethought causes death of another person by an unlawful act or omission is guilty of murder.
- Section 204 of Penal Code CAP 63: Punishment of murder
Any person convicted of murder shall be sentenced to death.
- Section 205 of Penal Code CAP 63: Punishment of manslaughter
Any person who commits the felony of manslaughter is liable to imprisonment for life.
- Section 206 of Penal Code CAP 63: 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, whether that person is the person actually killed or not;
(b) knowledge that the act or omission...
- Section 207 of Penal Code CAP 63: 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 sudden provocation as hereinafter defined, and before there is time for his passion to cool, is...