- Section 104 of Penal Code CAP 63: False assumption of authority
Any person who—
(a) not being a judicial officer, assumes to act as a judicial officer; or
(b) without authority assumes to act as a person having authority by law to administer an oath or take a solemn declaration or affirmation or affidavit or to do any other act of a public nature which can...
- Section 105 of Penal Code CAP 63: Personating persons employed in the public service
Any person who—
(a) personates any person employed in the public service on an occasion when the latter is required to do any act or attend in any place by virtue of his employment; or
(b) falsely represents himself to be a person employed in the public service, and assumes to do any act or to...
- Section 106 of Penal Code CAP 63: Threat of injury to persons employed in public service
Whoever holds out any threat of injury to any person employed in the public service, or to any person in whom he believes that person employed in the public service to be interested, for the purpose of inducing that person employed in the public service to do any act or to forbear or delay to do any...
- Section 107 of Penal Code CAP 63: Tampering with public officers, etc.
Any person who—
(a) induces or attempts to induce any public officer, or any sailor, soldier or airman being an officer or member of any naval, military or air force for the time being lawfully in Kenya, or any servant of a local authority, to fail in his duty, or to terminate his services in the...
- Section 108 of Penal Code CAP 63: Perjury and subornation of perjury
(1) (a) Any person who, in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then pending in that proceeding or intended to be raised in that proceeding, is guilty of the...
- Section 109 of Penal Code CAP 63: False statements by interpreters
If any person, lawfully sworn as an interpreter in a judicial proceeding, wilfully makes a statement material in the proceeding which he knows to be false, or does not believe to be true, he shall be guilty of perjury.
- Section 110 of Penal Code CAP 63: Punishment of perjury and subornation of perjury
Any person who commits perjury or suborns perjury is liable to imprisonment for seven years.
- Section 111 of Penal Code CAP 63: Evidence of perjury or subornation of perjury
A person cannot be convicted of committing perjury or of subornation of perjury solely upon the evidence of one witness as to the falsity of any statement alleged to be false.
- Section 112 of Penal Code CAP 63: Contradictory statements
(1) Where a witness in any judicial proceedings (other than a person accused of an offence in criminal proceedings) has made a statement on oath or affirmation of some fact relevant in the proceedings, contradicting in a material detail a previous statement made on oath or affirmation by the same...
- Section 112A of Penal Code CAP 63: Malicious information
(1) Any person who, with intent to cause harm or inconvenience to another person, gives or makes to—
(a) any magistrate or member of the police force; or
(b) any officer having power to apprehend or order the apprehension of offenders,
any information or complaint in relation to that other...
- Section 113 of Penal Code CAP 63: Fabricating evidence
Any person who, with intent to mislead any tribunal in any judicial proceeding—
(a) fabricates evidence by any means other than perjury or subornation of perjury; or
(b) knowingly makes use of such fabricated evidence, is guilty of a misdemeanour and is liable to imprisonment for seven years....
- Section 114 of Penal Code CAP 63: False swearing
Any person who swears falsely or makes a false affirmation or declaration before any person authorized to administer an oath or take a declaration upon a matter of public concern under such circumstances that the false swearing or declaration if committed in a judicial proceeding would have amounted...
- Section 115 of Penal Code CAP 63: Deceiving witnesses
Any person who practises any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token or writing to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of such person as a witness, is guilty of a...
- Section 116 of Penal Code CAP 63: Destroying evidence
Any person who, knowing that any book, document or thing of any kind whatsoever is or may be required in evidence in a judicial proceeding, wilfully removes or destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in...
- Section 117 of Penal Code CAP 63: Conspiracy to defeat justice and interference with witnesses
Any person who—
(a) conspires with any other person to accuse any person falsely of any
crime or to do anything to obstruct, prevent, pervert or defeat the course of justice; or
(b) in order to obstruct the due course of justice, dissuades, hinders or prevents any person lawfully bound to...
- Section 118 of Penal Code CAP 63: Compounding felonies
Any person who asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person upon any agreement or understanding that he will compound or conceal a felony, or will abstain from, discontinue or delay a prosecution for a...
- Section 119 of Penal Code CAP 63: Compounding penal actions
Any person who, having brought, or under pretence of bringing, an action against another person upon a penal law in order to obtain from him a penalty for any offence committed or alleged to have been committed by him, compounds the action without the order or consent of the court in which the...
- Section 120 of Penal Code CAP 63: Advertisements for stolen property
Any person who—
(a) publicly offers a reward for the return of any property which has been stolen or lost, and in the offer makes use of any words purporting that no questions will be asked, or that the person producing such property will not be seized or molested; or
(b) publicly offers to...
- Section 121 of Penal Code CAP 63: Offences relating to judicial proceedings
(1) Any person who—
(a) within the premises in which any judicial proceeding is being had or taken, or within the precincts of the same, shows disrespect, in speech or manner, to or with reference to such proceeding, or any person before whom such proceeding is being had or taken; or
(b) having...
- Section 122 of Penal Code CAP 63: Rescue
(1) Any person who by force rescues or attempts to rescue from lawful custody any other person—
(a) is, if the last-named person is under sentence of death or imprisonment for life, or charged with an offence punishable with death or imprisonment for life, guilty of a felony and is liable to...
- Section 122A of Penal Code CAP 63: Senior police officer may order DNA sampling procedure on suspect
(1) A police officer of or above the rank of inspector may by order in writing require a person suspected of having committed a serious offence to undergo a DNA sampling procedure if there are reasonable grounds to believe that the procedure might produce evidence tending to confirm or disprove that...
- Section 122B of Penal Code CAP 63: Suspect to comply with order
Where a suspect in respect of whom an order has been made under section 122A resists compliance with the order, members of the police force, under supervision of an officer of or above the rank of inspector, shall be entitled to use reasonable force in restraining the suspect for the purpose of...
- Section 122C of Penal Code CAP 63: Suspect may volunteer
(1) Nothing in section 122A shall be construed as preventing a suspect from undergoing a procedure by consent, without any order having been made:
Provided that every such consent shall be recorded in writing signed by the person giving the consent.
(2) Such consent may, where the suspect is a...
- Section 122D of Penal Code CAP 63: Order or consent to be proven
The results of any test or analysis carried out on a sample obtained from a DNA sampling procedure within the meaning of section 122A shall not be admissible in evidence at the request of the prosecution in any proceedings against the suspect unless an order under section 122A or a consent under...
- Section 123 of Penal Code CAP 63: Escape
Any person who, being in lawful custody, escapes from that custody is guilty of a misdemeanour.
- Section 124 of Penal Code CAP 63: Aiding escape
Any person who—
(a) aids a prisoner in escaping or attempting to escape from lawful custody; or
(b) conveys anything or causes anything to be conveyed into a prison with intent to facilitate the escape of a prisoner,
is guilty of a felony and is liable to imprisonment for seven years.
- Section 125 of Penal Code CAP 63: Removal, etc., of property under lawful seizure
Any person who, when any property has been attached or taken under the process of authority of any court, knowingly, and with intent to hinder or defeat the attachment or process, receives, removes, retains, conceals or disposes of that property is guilty of a felony and is liable to imprisonment...
- Section 126 of Penal Code CAP 63: Obstructing court officers
Any person who wilfully obstructs or resists any person lawfully charged with the execution of an order or warrant of any court is guilty of a misdemeanour and is liable to imprisonment for one year.
- Section 127 of Penal Code CAP 63: Frauds and breaches of trust by persons employed in the public service
(1) Any person employed in the public service who, in the discharge of the duties of his office, commits any fraud or breach of trust affecting the public, whether the fraud or breach of trust would have been criminal or not if committed against a private person, is guilty of a felony.
(2) A...
- Section 128 of Penal Code CAP 63: Neglect of official duty
Every person employed in the public service who wilfully neglects to perform any duty which he is bound either by common law or by any written law to perform, provided that the discharge of the duty is not attended with greater danger than a man of ordinary courage might be expected to face, is...