- 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...
- Section 208 of Penal Code CAP 63: Provocation defined
(1) The term “provocation” means and includes, except as hereinafter stated, any wrongful act or insult of such a nature as to be likely, when done to an ordinary person or in the presence of an ordinary person to another person who is under his immediate care, or to whom he stands in a conjugal,...
- Section 209 of Penal Code CAP 63: Suicide pacts
(1) It shall be manslaughter, and shall not be murder, for a person acting in pursuance of a suicide pact between him and another to kill the other or be a party to the other killing himself or being killed by a third person.
(2) Where it is shown that a person charged with the murder of another...
- Section 210 of Penal Code CAP 63: Infanticide
Where a woman by any wilful act or omission causes the death of her child being a child under the age of twelve months, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason...
- Section 211 of Penal Code CAP 63: Sentence of death not to be passed on pregnant woman
Where a woman convicted of an offence punishable with death is found in accordance with the provisions of section 212 to be pregnant, the sentence to be passed on her shall be a sentence of imprisonment for life instead of sentence of death.
- Section 212 of Penal Code CAP 63: Procedure where woman convicted of capital offence alleges she is pregnant
(1) Where a woman convicted of an offence punishable with death alleges that she is pregnant, or where the court before whom she is so convicted thinks fit so to order, the question whether or not the woman is pregnant shall, before sentence is passed on her, be determined by the trial judge....
- Section 213 of Penal Code CAP 63: Causing death defined
A person is deemed to have caused the death of another person although his act is not the immediate or the sole cause of death in any of the following cases—
(a) if he inflicts bodily injury on another person in consequence of which that other person undergoes surgical or medical treatment which...
- Section 214 of Penal Code CAP 63: When child deemed to be a person
A child becomes a person capable of being killed when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, and whether it has an independent circulation or not, and whether the navelstring is severed or not.
- Section 215 of Penal Code CAP 63: Limitation as to time of death
(1) A person is not deemed to have killed another if the death of that person does not take place within a year and a day of the cause of death.
(2) Such period is reckoned inclusive of the day on which the last unlawful act contributing to the cause of death was done.
(3) When the cause of...
- Section 216 of Penal Code CAP 63: Responsibility of person who has charge of another
It is the duty of every person having charge of another who is unable by reason of age, sickness, unsoundness of mind, detention or any other cause to withdraw himself from such charge, and who is unable to provide himself with the necessaries of life, whether the charge is undertaken under a...
- Section 217 of Penal Code CAP 63: Duty of masters
It is the duty of every person who as master or mistress has contracted to provide necessary food, clothing or lodging for any servant or apprentice under the age of sixteen years to provide the same; and he or she shall be deemed to have caused any consequences which adversely affect the life or...