- Section 1 of Penal Code CAP 63: Short title
This Act may be cited as the Penal Code and is hereinafter referred to as this Code.
- Section 2 of Penal Code CAP 63: Saving
Except as hereinafter expressly provided nothing in this Code shall affect—
(a) the liability, trial or punishment of a person for an offence against the
common law or against any other law in force in Kenya other than this Code; or
(b) the liability of a person to be tried or punished under...
- Section 4 of Penal Code CAP 63: Interpretation
In this Code, unless the context otherwise requires—
“Act” includes any order, rules or regulations made under any Act;
“court” means a court of competent jurisdiction;
“dangerous harm” means harm endangering life;
“disciplined forces” means the armed forces or the National Youth Service;...
- Section 5 of Penal Code CAP 63: Jurisdiction of local courts
The jurisdiction of the courts of Kenya for the purposes of this Code extends to every place within Kenya, including territorial waters.
- Section 6 of Penal Code CAP 63: Offences committed partly within and partly beyond the jurisdiction
When an act which, if wholly done within the jurisdiction of the court, would be an offence against this Code, is done partly within and partly beyond the jurisdiction, every person who within the jurisdiction does or makes any part of such act may be tried and punished under this Code in the same...
- Section 7 of Penal Code CAP 63: Ignorance of law
Ignorance of the law does not afford any excuse for any act or omission which would otherwise constitute an offence unless knowledge of the law by the offender is expressly declared to be an element of the offence.
- Section 8 of Penal Code CAP 63: Bona fide claim of right
A person is not criminally responsible in respect of an offence relating to property, if the act done or omitted to be done by him with respect to the property was done in the exercise of an honest claim of right and without intention to defraud.
- Section 9 of Penal Code CAP 63: Intention and motive
(1) Subject to the express provisions of this Code relating to negligent acts and omissions, a person is not criminally responsible for an act or omission which occurs independently of the exercise of his will, or for an event which occurs by accident.
(2) Unless the intention to cause a...
- Section 10 of Penal Code CAP 63: Mistake of fact
(1) A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had been such as he believed to exist.
(2) The...
- Section 11 of Penal Code CAP 63: Presumption of sanity
Every person is presumed to be of sound mind, and to have been of sound mind at any time which comes in question, until the contrary is proved.
- Section 12 of Penal Code CAP 63: Insanity
A person is not criminally responsible for an act or omission if at the time of doing the act or making the omission he is through any disease affecting his mind incapable of understanding what he is doing, or of knowing that he ought not to do the act or make the omission; but a person may be...
- Section 13 of Penal Code CAP 63: Intoxication
(1) Save as provided in this section, intoxication shall not constitute a defence to any criminal charge.
(2) Intoxication shall be a defence to any criminal charge if by reason thereof the person charged at the time of the act or omission complained of did not know that such act or omission was...
- Section 14 of Penal Code CAP 63: Immature age
(1) A person under the age of eight years is not criminally responsible for any act or omission.
(2) A person under the age of twelve years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission he had capacity to know...
- Section 15 of Penal Code CAP 63: Judicial officers
Except as expressly provided by this Code, a judicial officer is not criminally responsible for anything done or omitted to be done by him in the exercise of his judicial functions, although the act done is in excess of his judicial authority or although he is bound to do the act omitted to be done....
- Section 16 of Penal Code CAP 63: Compulsion
A person is not criminally responsible for an offence if it is committed by two or more offenders, and if the act is done or omitted only because during the whole of the time in which it is being done or omitted the person is compelled to do or omit to do the act by threats on the part of the other...
- Section 17 of Penal Code CAP 63: Defence of person or property
Subject to any express provisions in this Code or any other law in operation in Kenya, criminal responsibility for the use of force in the defence of person or property shall be determined according to the principles of English Common Law.
- Section 18 of Penal Code CAP 63: Use of force in effecting arrest
Where any person is charged with a criminal offence arising out of the lawful arrest, or attempted arrest, by him of a person who forcibly resists such arrest or attempts to evade being arrested, the court shall, in considering whether the means used were necessary, or the degree of force used was...
- Section 19 of Penal Code CAP 63: Compulsion by husband
A married woman is not free from criminal responsibility for doing or omitting to do an act merely because the act or omission takes place in the presence of her husband; but, on a charge against a wife for any offence other than treason or murder, it shall be a good defence to prove that the...
- Section 20 of Penal Code CAP 63: Principal offenders
(1) When an offence is committed, each of the following persons is deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with actually committing it, that is to say—
(a) every person who actually does the act or makes the omission which constitutes...
- Section 21 of Penal Code CAP 63: Joint offenders in prosecution of common purpose
When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed...
- Section 22 of Penal Code CAP 63: Counselling another to commit offence
(1) When a person counsels another to commit an offence, and an offence is actually committed after such counsel by the person to whom it is given, it is immaterial whether the offence actually committed is the same as that counselled or a different one, or whether the offence is committed in the...
- 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.