Penal Code Cap 63 in Kenya

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366 sections

• Section 218 of Penal Code CAP 63: Duty of persons doing dangerous acts
  

  It is the duty of every person who, except in a case of necessity, undertakes to administer surgical or medical treatment to any other person, or to do any other lawful act which is or may be dangerous to human life or health, to have reasonable skill and to use reasonable care in doing the act; and...

  
  
• Section 219 of Penal Code CAP 63: Duty of persons in charge of dangerous things
  

  It is the duty of every person who has in his charge or under his control anything, whether living or inanimate, and whether moving or stationary, of such a nature that, in the absence of care or precaution in its use or management, the life, safety or health of any person may be endangered, to use...

  
  
• Section 220 of Penal Code CAP 63: Attempt to murder
  

  Any person who— (a) attempts unlawfully to cause the death of another; or (b) with intent unlawfully to cause the death of another does any act, or omits to do any act which it is his duty to do, such act or omission being of such a nature as to be likely to endanger human life, is guilty of a...

  
  
• Section 221 of Penal Code CAP 63: Attempt to murder by convict
  

  Any person who, being under a sentence of imprisonment for three years or more, attempts to commit murder is liable to imprisonment for life.

  
  
• Section 222 of Penal Code CAP 63: Accessory after the fact to murder
  

  Any person who becomes an accessory after the fact to murder is guilty of a felony and is liable to imprisonment for life.

  
  
• Section 223 of Penal Code CAP 63: Threats to kill
  

  (1) Any person who without lawful excuse utters, or directly or indirectly causes any person to receive, a threat, whether in writing or not, to kill any person is guilty of a felony and is liable to imprisonment for ten years.

  
  
• Section 224 of Penal Code CAP 63: Conspiracy to murder
  

  Any person who conspires with any other person to kill any person, whether that person is in Kenya or elsewhere, is guilty of a felony and is liable to imprisonment for fourteen years.

  
  
• Section 225 of Penal Code CAP 63: Aiding suicide
  

  Any person who— (a) procures another to kill himself; or (b) counsels another to kill himself and thereby induces him to do so; or (c) aids another in killing himself, is guilty of a felony and is liable to imprisonment for life.

  
  
• Section 226 of Penal Code CAP 63: Attempting suicide
  

  Any person who attempts to kill himself is guilty of a misdemeanour.

  
  
• Section 227 of Penal Code CAP 63: Concealing birth
  

  Any person who, when a woman is delivered of a child, endeavours by any secret disposition of the dead body of the child to conceal the birth, whether the child died before, at or after its birth, is guilty of a misdemeanour.

  
  
• Section 228 of Penal Code CAP 63: Killing unborn child
  

  Any person who, when a woman is about to be delivered of a child, prevents the child from being born alive by any act or omission of such a nature that, if the child had been born alive and had then died, he would be deemed to have unlawfully killed the child, is guilty of a felony and is liable to...

  
  
• Section 229 of Penal Code CAP 63: Disabling in order to commit felony or misdemeanour
  

  Any person who, by any means calculated to choke, suffocate or strangle, and with intent to commit or to facilitate the commission of a felony or misdemeanour, or to facilitate the flight of an offender after the commission or attempted commission of a felony or misdemeanour, renders or attempts to...

  
  
• Section 230 of Penal Code CAP 63: Stupefying in order to commit felony or misdemeanour
  

  Any person who, with intent to commit or to facilitate the commission of a felony or misdemeanour, or to facilitate the flight of an offender after the commission or attempted commission of a felony or misdemeanour, administers or attempts to administer any stupefying or overpowering drug or thing...

  
  
• Section 231 of Penal Code CAP 63: Acts intended to cause grievous harm or to prevent arrest
  

  Any person who, with intent to maim, disfigure or disable any person, or to do some grievous harm to any person, or to resist or prevent the lawful arrest or detention of any person— (a) unlawfully wounds or does any grievous harm to any person by any means whatever; or (b) unlawfully attempts...

  
  
• Section 232 of Penal Code CAP 63: Preventing escape from wreck
  

  Any person who unlawfully— (a) prevents or obstructs any person who is on board of, or is escaping from, a vessel which is in distress or wrecked, in his endeavours to save his life; or (b) obstructs any person in his endeavours to save the life of any person so situated, is guilty of a felony...

  
  
• Section 233 of Penal Code CAP 63: Intentionally endangering safety of persons travelling by railway
  

  Any person who, with intent to injure or to endanger the safety of any person travelling by any railway, whether a particular person or not— (a) places anything on the railway; or (b) deals with the railway, or with anything whatever upon or near the railway, in such a manner as to affect or...

  
  
• Section 234 of Penal Code CAP 63: Grievous harm
  

  Any person who unlawfully does grievous harm to another is guilty of a felony and is liable to imprisonment for life.

  
  
• Section 235 of Penal Code CAP 63: Attempting to injure by explosive substances
  

  Any person who unlawfully, and with intent to do any harm to another, puts any explosive substance in any place whatever, is guilty of a felony and is liable to imprisonment for fourteen years.

  
  
• Section 236 of Penal Code CAP 63: Maliciously administering poison with intent to harm
  

  Any person who unlawfully, and with intent to injure or annoy another, causes any poison or noxious thing to be administered to, or taken by, any person, and thereby endangers his life, or does him grievous harm, is guilty of a felony and is liable to imprisonment for fourteen years.

  
  
• Section 237 of Penal Code CAP 63: Unlawful wounding or poisoning.
  

  Any person who— (a) unlawfully wounds another; or (b) unlawfully, and with intent to injure or annoy any person, causes any poison or other noxious thing to be administered to, or taken by, any person, is guilty of a misdemeanour and is liable to imprisonment for five years.

  
  
• Section 238 of Penal Code CAP 63: Intimidation and molestation.
  

  (1) Any person who intimidates or molests any other person is guilty of an offence and is liable to imprisonment for a term not exceeding three years. [Act No. 54 of 1960, s. 29.] (2) A person intimidates another person who, with intent to cause alarm to that person or to cause him to do any act...

  
  
• Section 239 of Penal Code CAP 63: Failure to supply necessaries
  

  Any person who, being charged with the duty of providing for another the necessaries of life, without lawful excuse fails to do so, whereby the life of that other person is or is likely to be endangered or his health is or is likely to be permanently injured, is guilty of a felony and is liable to...

  
  
• Section 240 of Penal Code CAP 63: Surgical operation
  

  A person is not criminally responsible for performing in good faith and with reasonable care and skill a surgical operation upon any person for his benefit, or upon an unborn child for the preservation of the mother's life, if the performance of the operation is reasonable, having regard to the...

  
  
• Section 241 of Penal Code CAP 63: Excess of force
  

  Any person authorized by law or by the consent of the person injured by him to use force is criminally responsible for any excess, according to the nature and quality of the act which constitutes the excess.

  
  
• Section 242 of Penal Code CAP 63: Consent
  

  Notwithstanding anything contained in section 241, consent by a person to the causing of his own death or his own maim does not affect the criminal responsibility of any person by whom the death or maim is caused.

  
  
• Section 242A of Penal Code CAP 63: Supply of harmful substances to children
  

  (1) Any person who supplies or offers to a child— (a) any petroleum distillate, glue or other substance consisting of or containing matter having stupefying or hallucinogenic properties; or (b) any substance which the Minister responsible for health has declared, by notice published in the...

  
  
• Section 243 of Penal Code CAP 63: Reckless and negligent acts
  

  Any person who, in a manner so rash or negligent as to endanger human life or to be likely to cause harm to any other person— (a) drives any vehicle or rides on any public way; or (b) navigates, or takes part in the navigation or working of, any vessel; or (c) does any act with fire or any...

  
  
• Section 244 of Penal Code CAP 63: Other negligent acts causing harm.
  

  Any person who unlawfully does any act, or omits to do any act which it is his duty to do, not being an act or omission specified in section 243 by which act or omission harm is caused to any person, is guilty of a misdemeanour and is liable to imprisonment for six months.

  
  
• Section 245 of Penal Code CAP 63: Dealing in poisonous substances in negligent manner
  

  Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such care with any poisonous substance in his possession as is sufficient to guard...

  
  
• Section 246 of Penal Code CAP 63: Endangering safety of persons travelling by railway
  

  Any person who, by any unlawful act or omission not specified in section 233, causes the safety of any person travelling by any railway to be endangered, is guilty of a misdemeanour.