- Section 33 of Penal Code CAP 63: Security for keeping the peace
A person convicted of an offence not punishable with death may, instead of, or in addition to, any punishment to which he is liable, be ordered to enter into his own recognizance, with or without sureties, in such amount as the court thinks fit, conditioned that he shall keep the peace and be of...
- Section 34 of Penal Code CAP 63: Recognizances
(1) If at any time the court which convicted an offender is satisfied that he has failed to observe any of the conditions of his recognizance, it may issue a warrant for his apprehension.
(2) An offender when apprehended on any such warrant shall be brought forthwith before the court by which the...
- Section 35 of Penal Code CAP 63: Absolute and conditional discharge
(1) Where a court by or before which a person is convicted of an offence is of opinion, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment and that a probation order under the Probation of Offenders...
- Section 36 of Penal Code CAP 63: General punishment for misdemeanours
When in this Code no punishment is specially provided for any misdemeanour, it shall be punishable with imprisonment for a term not exceeding two years or with a fine, or with both.
- Section 37 of Penal Code CAP 63: Sentences when cumulative
Where a person after conviction for an offence is convicted of another offence, either before sentence is passed upon him under the first conviction or before the expiration of that sentence, any sentence, other than a sentence of death, which is passed upon him under the subsequent conviction shall...
- Section 38 of Penal Code CAP 63: Sentence on escaped convict
When sentence is passed under this Code on an escaped convict, that sentence—
(a) if of death, or fine, shall, subject to the provisions of this Code, take effect immediately;
(b) if of imprisonment, shall run consecutively or concurrently, as the court shall order, with the unexpired portion of...
- Section 39 of Penal Code CAP 63: Cancellation or suspension of certificate of competency
) Where any person has been convicted under this Code of an offence connected with the driving of any vehicle in respect of which a certificate of competency is required, the court before which the person is convicted may in addition to or in substitution for any other punishment—
(a) if the...
- Section 40 of Penal Code CAP 63: Treason
) Any person who, owing allegiance to the Republic, in Kenya or elsewhere—
(a) compasses, imagines, invents, devises or intends—
(i) the death, maiming or wounding, or the imprisonment or restraint, of the President; or
(ii) the deposing by unlawful means of the President from his position...
- Section 42 of Penal Code CAP 63: Concealment of treason
Any person who —
(a) becomes an accessory after the fact to treason; or
(b) knowing that any person intends to commit treason, does not give information thereof with all reasonable despatch to the AttorneyGeneral, administrative officer, magistrate, or officer in charge of a police station, or...
- Section 43 of Penal Code CAP 63: Treasonable felony
Any person who, not owing allegiance to the Republic, in Kenya or elsewhere, commits any act or combination of acts which, if it were committed by a person who owed such allegiance, would amount to the offence of treason under section 40, is guilty of a felony and is liable to imprisonment for life....
- Section 43A of Penal Code CAP 63: Treachery
Any person who, with intent to help the enemy, does any act which is designed or likely to give assistance to the enemy, or to interfere with the maintenance of public order or the government of Kenya, or to impede the operation of the disciplined forces, or to endanger life, is guilty of a felony...
- Section 44 of Penal Code CAP 63: Promoting warlike undertaking
Any person who, without lawful authority, carries on, or makes preparation for carrying on, or aids in or advises the carrying on of, or preparation for, any war or warlike undertaking with, for, by or against any person or body or group of persons in Kenya, is guilty of a felony and is liable to...
- Section 45 of Penal Code CAP 63: Provisions as to trial for treason, etc.
(1) A person cannot be tried for treason, or for any of the felonies defined in sections 42, 43, 43A and 44, unless the prosecution is commenced within two years after the offence is committed.
(2) No person charged with treason, or with any of such felonies, may be convicted, except on his own...
- Section 46 of Penal Code CAP 63: Dissuasion from enlistment
Any person who wilfully dissuades or attempts to dissuade any other person from entering the disciplined forces or the police force 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 months or to both:
Provided that...
- Section 47 of Penal Code CAP 63: Inciting to mutiny
Any person who advisedly attempts to effect any of the following purposes, that is to say—
(a) to seduce any member of the disciplined forces or any police officer from his duty or allegiance; or
(b) to incite any such persons to commit an act of mutiny or any traitorous or mutinous act; or...
- Section 48 of Penal Code CAP 63: Aiding, etc., to mutiny, or inciting sedition or disobedience
Any person who—
(a) aids or abets, or is accessory to, any act of mutiny by, or
(b) incites to sedition or to disobedience to any lawful order given by a superior officer, any member of the disciplined forces or any police officer is guilty of a misdemeanour.
- Section 49 of Penal Code CAP 63: Inducing desertion
Any person who, by any means whatever, directly or indirectly—
(a) procures or persuades or attempts to procure or persuade to desert, or
(b) aids or abets, or is accessory to, the desertion of, or
(c) having reason to believe he is a deserter, harbours or aids in concealing, any member of the...
- Section 50 of Penal Code CAP 63: Aiding prisoners of war to escape
Any person who—
(a) knowingly and advisedly aids an alien enemy, being a prisoner of war in Kenya, whether the prisoner is confined in a prison or elsewhere or is suffered to be at large on his parole, to escape from his prison or place of confinement, or, if he is at large on his parole, to...
- Section 51 of Penal Code CAP 63: Definition of overt act
In the case of any of the offences defined in this Chapter, when the manifestation by an overt act of an intention to effect any purpose is an element of the offence, every act of conspiring with any person to effect that purpose, and every act done in furtherance of the purpose by any of the...
- Section 52 of Penal Code CAP 63: Power to prohibit publications
(1) Where the Minister, on reasonable grounds, considers that it is necessary in the interests of public order, health or morals, the security of Kenya, and to be reasonably justifiable in a democratic society, the Minister may, by order published in the Gazette, prohibit the importation of any...
- Section 53 of Penal Code CAP 63: Penalty for prohibited publications
(1) Any person who, otherwise than in his capacity and in the course of his duties as a public officer, prints, makes, imports, publishes, sells, supplies, offers for sale or supply, distributes, reproduces or has in his possession or under his control any prohibited publication is guilty of an...
- Section 54 of Penal Code CAP 63: Seizure and disposal of prohibited publications
(1) Any police officer or administrative officer may seize and detain any prohibited publication which he finds in circumstances which raise a reasonable presumption that an offence under this Act has been, is being or is intended to be committed in relation thereto, or which he finds abandoned or...
- Section 59 of Penal Code CAP 63: Unlawful oaths to commit capital offences
Any person who—
(a) is present at, and consents to the administering of, any oath, or engagement in the nature of an oath, purporting to bind the person who takes it to commit any offence punishable with death; or (b) takes any such oath or engagement, not being compelled to do so, is guilty of...
- Section 60 of Penal Code CAP 63: Administration of unlawful oaths to commit capital offences
Any person who administers an oath, or engagement in the nature of an oath, purporting to bind the person who takes it to commit any offence, punishable with death, is guilty of a felony and shall be sentenced to death.
- Section 61 of Penal Code CAP 63: Unlawful oaths to commit other offences
Any person who—
(a) administers, or is present at and consents to the administering of, any oath or engagement in the nature of an oath, purporting to bind the person who takes it to act in any of the ways following, that is to
say—
(i) to engage in any mutinous or seditious enterprise;...
- Section 62 of Penal Code CAP 63: Compelling another person to take an oath
(1) Any person who by the use of physical force, or by threat or intimidation of any kind, compels another person to take an oath or engagement in the nature of an oath purporting to bind the person who takes it to act or not to act in any way is guilty of a felony and is liable to imprisonment for...
- Section 63 of Penal Code CAP 63: Compulsion, how far a defence
It shall not be a defence for a person who takes any oath or engagement in the nature of an oath mentioned in section 59 or section 61 to prove that he was compelled to do so unless, within five days after the taking of the oath or engagement in the nature of an oath or, if he is prevented by...
- Section 64 of Penal Code CAP 63: Presence at oath administration
Any person who is present at the administering of an oath or engagement in the nature of an oath mentioned in section 59, section 61 or section 62 shall be deemed to have consented to the administering of the oath or engagement unless, within five days thereafter or, if he is prevented by physical...
- Section 65 of Penal Code CAP 63: Unlawful drilling
(1) Any person who—
(a) without the permission of the Minister trains or drills any other person to the use of arms or the practice of military exercises, movements or evolutions; or
(b) is present at any meeting or assembly of persons, held without the permission of the Minister, for the...
- Section 66 of Penal Code CAP 63: Alarming publications
(1) Any person who publishes any false statement, rumour or report which is likely to cause fear and alarm to the public or to disturb the public peace is guilty of a misdemeanour.
(2) It shall be a defence to a charge under subsection (1) if the accused proves that, prior to publication, he took...