Local Acts 1

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Curriculum Development & Evaluation
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NATIONAL POLICE SERVICE ACT, 2011
(1) In this Act unless the context otherwise provides—
“administration police officer” means an officer appointed to serve as a police officer in the
Administration Police Service;
“Administration Police Service” means the Service established under section 25;
“area” includes a geographical area, village, residential estate, location, ward or community of
interest as may be identified by the County Policing Authority for the purposes of community
policing;
“arms” includes any means to use force and includes firearms;
“arrest” means the act of apprehending a person for suspected commission of an offence or by
the action of legal authority;
“Authority” means the County Policing Authority established under section 41;
“Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters
relating to the Service;
“Commission” means the National Police Service Commission established by Article 246 of the
Constitution;
“community policing committee” means a committee elected by a community policing forum
in accordance with section 98(4) for the purposes of co-ordinating, leading and representing the
forum;
“community policing” means the approach to policing that recognizes voluntary participation of
the local community in the maintenance of peace and which recognizes that the police need to be
responsive to the
communities and their needs, its key element being joint problem identification and problem
solving, while respecting the different responsibilities the police and the public have in the field
of crime prevention and maintaining order;
“cruel, inhuman and degrading treatment or punishment” means a deliberate and aggravated
treatment or punishment not amounting to torture, inflicted by a person in authority or the agent
of the person in authority against a person under his custody, causing suffering, gross
humiliation or debasement to the person;
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“Deputy Inspector-General” means the Deputy Inspector-General appointed in accordance

with Article 245 of the Constitution;
“Directorate” means Directorate of Criminal Investigations established under section 28;
“firearms” has the same meaning as defined under the Firearms Act;
“Gazetted officer” means a police officer holding the rank of a superintendent and above;
“Inspector-General” means the Inspector-General appointed in accordance with article 245 of
the Constitution and this Act;
“Kenya police officer” means an officer appointed to serve as a police officer in the Kenya
Police Service;
“Kenya Police Service” means the Service established under Article 243(1) of the Constitution;
“member of the Service” includes civilian members of staff of the Service.
“National Security Council” means the Council established under the National Security
Council Act;
“police officer” means an Administration Police officer or a Kenya Police
Officer, and includes officers of the Directorate of Criminal Investigations and reservists;
“police premises” means any location where police hold office or from where they carry out
their duties, including police stations, posts and camps;
“police station” means a place designated by the Inspector-General, as a police station under
section 40;
“Reserve” means the National Police Reserve referred to in section 110;
“Service” means the National Police Service established in article 243 of the Constitution;
“torture” means any act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes of—
(i) obtaining information or a confession from the person or from a third person;
(ii) punishing the person for an act which that person or a third person has committed or is
suspected of having committed;
(iii) intimidating or coercing the person or a third person; or
(iv) for any reason based on discrimination of any kind, when such pain or suffering is inflicted
by or at the instigation of or with the consent or acquiescence of a public official or other person
acting in an official capacity:
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Provided that torture does not include any pain or suffering arising from, inherent in or incidental
to lawful sanctions.(2) Despite subsection (1), until after the first general elections under the
Constitution, references in this Act to the expression “Cabinet Secretary” shall be construed to
mean “Minister”.
Sec 24.Functions of the Kenya Police Service

The functions of the Kenya Police Service shall be the—
(a) provision of assistance to the public when in need;
(b) maintenance of law and order;
(c) preservation of peace;
(d) protection of life and property;
(e) investigation of crimes;
(f) collection of criminal intelligence;
(g) prevention and detection of crime;
(h) apprehension of offenders;
(i) enforcement of all laws and regulations with which it is charged; and
(j) performance of any other duties that may be prescribed by the
Inspector-General under this Act or any other written law from time to time.
Sec 27.Functions of the Administration Police Service
The functions of the Administration Police Service shall be the—
(a) provision of assistance to the public when in need;
(b) maintenance of law and order;
(c) preservation of peace;
(d) protection of life and property;
(e) provision of border patrol and border security;
(f) provision of specialized stock theft prevention services;
(g) protection of Government property, vital installations and strategic points as may be directed
by the Inspector-General;
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(h) rendering of support to Government agencies in the enforcement of administrative functions

and the exercise of lawful duties;
(i) co-coordinating with complementing Government agencies in conflict management and peace
building;
(j) apprehension of offenders;
(k) performance of any other duties that may be prescribed by the
Inspector-General under this Act or any other written law from time to time.
Sec 35. Functions of the Directorate

The Directorate shall—
(a) collect and provide criminal intelligence;
(b) undertake investigations on serious crimes including homicide, narcotic crimes, human
trafficking, money laundering, terrorism, economic crimes, piracy, organized crime, and cyber
crime among others;
(c) maintain law and order;
(d) detect and prevent crime;

(e) apprehend offenders;
(f) maintain criminal records;
(g) conduct forensic analysis;
(h) execute the directions given to the Inspector-General by the Director of Public Prosecutions
pursuant to Article 157 (4) of the Constitution;
(i) co-ordinate country Interpol Affairs;
(j) investigate any matter that may be referred to it by the Independent Police Oversight
Authority; and
(k) perform any other function conferred on it by any other written law.
POWERS OF A POLICE OFFICER
Sec 52. Power to compel attendance of witnesses at police station

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(1) A police officer may, in writing, require any person whom the police officer has reason to
believe has information which may assist in the investigation of an alleged offence to attend
before him at a police station or police office in the county in which that person resides or for the
time being is.
(2) A person who without reasonable excuse fails to comply with a requisition under
subsection (1), or who, having complied, refuses or fails to give his correct name and address
and to answer truthfully all questions that may be lawfully put to him commits an offence
(3) A person shall not be required to answer any question under this section if the question
tends to expose the person to a criminal charge, penalty or forfeiture.
(4) A police officer shall record any statement made to him by any such person, whether the
person is suspected of having committed an offence or not, but, before recording any statement
from a person to whom a charge is to be preferred or who has been charged with committing an
offence, the police officer shall warn the person that any statement which may be recorded may
be used in evidence.
(5) A statement taken in accordance with this section shall be recorded and signed by the
person making it after it has been read out to him in a language which the person understands
and the person has been invited to make any correction he may wish.
(6) Notwithstanding the other provisions of this section, the powers conferred by this section
shall be exercised in accordance with the Criminal Procedure Code (Cap. 75), the Witness
Protection Act (Cap. 79) or any other written law.
(7) The failure by a police officer to comply with a requirement of this section in relation to
the making of a statement shall render the statement inadmissible in any proceedings in which it
is sought to have the statement admitted in evidence.
Sec 53. Power to require bond for attendance of court
(1) A police officer investigating an alleged offence (not being an offence against discipline)
may require any person to execute a bond in such sum and in such form as may be required,
subject to the condition that the person shall duly attend court if and when required to do so.
(2) A person who refuses or fails to comply with a requirement lawfully made under
subsection (1) commits an offence.
(3) Notwithstanding the foregoing provisions, the powers conferred under this section shall be
exercised in strict accordance with the Criminal Procedure Code (Cap. 75).
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Sec 55. Power to take photographs, fingerprints and forensic evidence

(1) A magistrate or a police officer, and any other person appointed to give certificates under
subsection (2) of section 142 of the Criminal Procedure Code (Cap. 75), may take, or cause to be
taken in his presence, for the purposes of record and identification, the measurements,
photographs, footprints and casts thereof, palm-prints, finger-prints and other forensic evidence
of any person in lawful custody or who is subject to police supervision.
(2) The Inspector-General shall prescribe in the Service Standing Orders the form upon which
footprints, palm-prints, finger-prints and other forensic evidence may be taken in accordance
with this section.
(3) The magistrate, police officer or person appointed as the case may be, shall certify on the
prescribed form that the foot prints, finger-prints, palm-prints and other forensic evidence have
been taken by him, or caused to be taken in his presence, in accordance with the directions
contained on such form, and that the
particulars entered on such form are to the best of his knowledge and belief accurate and true.
(4) Subject to subsection (1), if a person is not charged with an offence punishable by
imprisonment or is discharged or acquitted by a court, and has not previously been convicted of
an offence so punishable, all records of such measurements, photographs, footprints and casts
thereof, palm-prints and fingerprints and any negatives and copies of such photographs or of
photographs of such footprints, palm-prints and finger-prints shall immediately be destroyed or
handed over to such person.
(5) A person who refuses to permit his measurements, photographs, footprints and casts
thereof, palm-prints or finger-prints and other forensic evidence to be taken under this section
commits an offence.
(6) Upon conviction under subsection (5), reasonable force may be used to facilitate the taking
of measurements, photographs, footprints and casts thereof, palm-prints and finger-prints of the
person convicted.
Sec 56. Stoppage and detention
(1) A police officer in uniform may stop and detain any person whom he or she—
(a) witnesses doing any act or thing;
(b) finds in possession of anything; or
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(c) suspects of doing any act or thing or being in possession of anything for which a licence,
permit or certificate or pass is required under any written law, and may require the person to
produce the licence, permit, certificate or pass, provided that a police officer shall use the power
to detain as a last resort only.
(2) A person who fails to produce a licence, permit, certificate or pass within forty-eight hours
when called upon to do so, may be arrested without a warrant unless he gives his name and
address and otherwise satisfies the officer that he will duly answer any summons or any other
proceedings which may issue or be taken against him or her.
(3) A police officer who abuses the powers under this section commits an offence.
Sec 57. Power to enter premises and stop vehicles, etc., without warrant
(1) Subject to the Constitution, if a police officer has reasonable cause to believe—
(a) that anything necessary to the investigation of an alleged offence is in any premises and that
the delay caused by obtaining a warrant to enter and search those premises would be likely to
imperil the success of the investigation; or
(b) that any person in respect of whom a warrant of arrest is in force, or who is reasonably
suspected of having committed a cognizable offence, is in any premises, the police officer may
demand that the person residing in or in charge of such premises allow him free entry thereto and
afford him all reasonable facilities for a
search of the premises, and if, after notification of his authority and purpose, entry cannot
without unreasonable delay be so obtained, the officer may enter such premises without warrant
and conduct the search, and may, if necessary in order to effect entry, break open any outer or
inner door or window or other part of such premises.
(2) A police officer may stop, search and detain any vehicle or vessel which the police officer
has reasonable cause to suspect is being used in the commission of, or to facilitate the
commission of, an offence.
(3) A person who fails to obey a reasonable signal given by a police officer in uniform
requiring the person to stop any vehicle or vessel commits an offence and is liable on conviction
to imprisonment for a term not exceeding twelve months or to a fine not exceeding one hundred
thousand shillings, or to both.
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(4) A police officer may arrest a person under subsection (3) without a warrant unless the
person gives his name and address and otherwise satisfies the police officer that the person will
duly answer any summons or other proceedings which may issue or be taken against that person.
(5) A police officer who exercises the powers conferred under this section
shall—
(a) identify himself beforehand;
(b) record the action;
(c) record the items taken;
(d) make a report regarding such exercise and make it available for the superior.
Sec 58. Power to arrest without a warrant
Subject to Article 49 of the Constitution, a police officer may without a warrant, arrest a
person—
(a) who is accused by another person of committing an aggravated assault in any case in which
the police officer believes upon reasonable ground that such assault has been committed;
(b) who obstructs a police officer while in the execution of duty, or who has escaped or attempts
to escape from lawful custody;
(c) whom the police officer suspects on reasonable grounds of having committed a cognizable
offence;
(d) who commits a breach of the peace in the presence of the police officer;
(e) in whose possession is found anything which may reasonably be suspected to be stolen
property or who may reasonably be suspected of having committed an offence with reference to
that thing;
(f) whom the police officer suspects upon reasonable grounds of being a deserter from the armed
forces or any other disciplined service;
(g) whom the police officer suspects upon reasonable grounds of having committed or being
about to commit a felony; or
(h) whom the police officer has reasonable cause to believe a warrant of arrest has been issued.
Sec 59. Arrests and detentions by Police
An arrest by a police officer, whether with or without a warrant, shall be subject to the rules
contained in the Fifth Schedule with respect to arrest and detention.
Sec 60. Power to search without warrant in special circumstances
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(1) When a police officer in charge of a police station, or a police officer investigating an
alleged offence, has reasonable grounds to believe that something was used in the commission of
a crime, is likely to be found in any place and that the delay occasioned by obtaining a search
warrant under section 118 of the Criminal Procedure Code (Cap. 75) will in his opinion
substantially prejudice such investigation, he may, after recording in writing the grounds of his
belief and such description as is available to him of the thing for which search is to be made,
without such warrant, enter any premises in or on which he or she suspects the thing to be and
search or cause search to be made for, and take possession of such thing.
(2) Sections 119, 120 and 121 of the Criminal Procedure Code (Cap. 75) as to the execution of
search warrant, and the provisions of that Code as to searches shall apply to a search without a
warrant under this section.
(3) For purposes of conducting a search under this section—
(a) the officer shall carry with him, and produce to the occupier of the premises on request by
him, the officer’s certificate of appointment;
(b) if anything is seized under subsection (1), the police officer shall immediately make a record
describing anything so seized, and without undue delay take or cause it to be taken before a
magistrate within whose jurisdiction the thing was found, to be dealt with according to the law.
Sec 61. Power to use firearms
(1) Subject to subsection (2), a police officer shall perform the functions and exercise the
powers conferred by the Constitution and this Act by use of nonviolent means.
(2) Despite subsection (1), a police officer may use force and firearms in accordance with the
rules on the use of force and firearms contained in the Sixth Schedule.
Conditions as to the use of firearms

1. Firearms may only be used when less extreme means are inadequate and for the following
purposes—
(a) saving or protecting the life of the officer or other person; and
(b) in self-defence or in defence of other person against imminent threat of life or serious injury.
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2. An officer intending to use firearms shall identify themselves and give clear warning of their
intention to use firearms, with sufficient time for the warning to be observed, except—
(a) where doing so would place the officer or other person at risk of death or serious harm; or
(b) if it would be clearly inappropriate or pointless in the circumstances.
3. A police officer shall make every effort to avoid the use of firearms, especially against
children.
4. Any use of firearm, even if there’s no injury, shall immediately be reported to the officer’s
superior.
5. Any use of fire arms that leads to death, serious injury and other grave consequences shall be
reported by the officer in charge or another direct superior of the person who caused the death or
injury, to the Independent Police Oversight Authority who shall investigate the case.
6. The Inspector-General is not precluded by virtue of paragraph (4) from conducting
investigations into the matter.
7. A police officer who makes a report to the Independent Police Oversight Authority in
accordance with paragraph (4) shall—
(a) secure the scene of the act for purposes of investigations; and
(b) notify the next of kin, their relative or friend of the death or injury as soon as reasonably
practical.
8. The Cabinet Secretary in consultation with the Inspector-General shall make further
regulations on the use of firearms which shall include regulations—
(a) that specify the circumstances under which police may carry firearms and the type of firearms
and ammunition permitted;
(b) that prohibit firearms and ammunition that cause unwarranted injury or present unwarranted
risk;
(c) to regulate the control, storage and issuing of firearms, including procedures that ensure that
officers are accountable for the weapons and ammunition issued to them (in principle; don’t
allow to take fire arms home and officers are provided by their superior with a fixed amount of
ammunition and have to explain at any time when requested if bullets are missing);
(d) for the selection, training and testing of officers authorised to carry firearms including
techniques that could diffuse tension and reduce the likelihood of the need to use force in order
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to ensure that firearms are used appropriately and with the least risk of causing unnecessary
harm;
(e) to provide for testing of officers carrying fire arms at regular intervals, but at least once a
year;
(f) and provide for consequences when failing the test referred to under paragraph (e) which shall
at least include that failing to pass the test shall result in losing the right to carry fire arms until
the officer does
pass the test; and
(g) provide for a reporting system whenever officials use firearms in the performance of their
duty.
Sec 64. Power to apply for summons etc.
Subject to this Act or any other law, a police officer may apply before a subordinate court for
summons, warrant or other legal process.
Sec 65. Power to erect barriers
(1) Notwithstanding the provisions of any other law, any Gazetted officer or inspector or any
police officer in charge of a police station may, if he or she considers it necessary to do so for the
maintenance and preservation of law and order or for the prevention or detection of any offence,
order an officer to erect or
place barriers in or across any road or street or in any public place.
(2) A police officer in uniform may take all reasonable steps to prevent any vehicle from being
driven past any barrier, erected pursuant to subsection (1) and a driver who fails to comply with
any reasonable signal given by a police officer in uniform requiring the driver to stop the vehicle
before the barrier,
commits an offence and is liable on conviction to imprisonment for a term not exceeding twelve
months or to a fine not exceeding one hundred thousand shillings or to both.
(3) The head of the Kenya Police Service in the County shall maintain records of all barriers
erected under subsection (1) and the reasons therefore in their respective county and submit these
to the respective community policing association.
(4) The records referred in subsection (3) shall state the reasons for laying the barriers and shall
be open for inspection by authorized persons.
(5) The Inspector-General shall issue guidelines on erection of barriers.
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(6) Members of the public may lodge complaints about the barriers with the County
Commander or the Authority.
Sec 70. Powers, etc., whilst engaged on duties of prison officer
A police officer engaged in carrying out the duties of a prison officer shall have all the powers,
protections and privileges attaching to a prison officer.
OTHER IMPORTANT AREAS
SEC 63. Custody of unclaimed property

(1) A police officer shall—
(a) take charge of all unclaimed property handed to him by any person or found by him to be
unclaimed; and
(b) deliver that property without delay to the nearest police station.
(2) Where any property has come into the possession of the Police, the police officer shall
furnish an inventory or description of the property within fortyeight hours to a magistrate having
jurisdiction in the area in which the property is found by, or handed to the magistrate, and the
magistrate shall—
(a) give orders for the detention of the property; and
(b) cause a notice to be posted in a conspicuous place in the magistrate’s court and at such police
station as the magistrate considers necessary.
(3) The notice under subsection (2)(b) shall describe the property and require any person who
may have a claim thereto to appear before the Magistrate or other person specified therein and
establish their claim within twelve months from the date of the notice.
(4) Notwithstanding subsection (3), if the unclaimed property is—
(a) liable to deterioration, the magistrate shall deal with it in such a manner as may be
appropriate; or
(b) a firearm or ammunition, the magistrate may order that the property be disposed of in such
manner as the Inspector-General may prescribe in regulations.
(5) If no owner establishes his claim to the property within twelve months from the date of the
notice, the property may be sold in a manner directed by the Magistrate.
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(6) Where the unclaimed property has been sold in accordance with subsection (5) the proceeds
of sale shall be paid to the person who establishes his claim, or, if no lawful claim to the property
has been established, the
proceeds shall be paid into the Government Revenue.
Sec 71. Police officers prohibited from taking other employment

(1) No member of the Service other than a Reserve Police officer, shall engage in any trade,
business or employment, outside the scope of his duties as an officer of the Service if the trade,
business or employment is in conflict of interest with the performance of the police officer’s
duties.
(2) A member of the Service who intends to engage in other forms of employment shall apply for
and obtain approval from the Commission.
(3) The Commission may approve or reject the application under subsection (2).
(4) The Commission shall maintain a register of all persons granted approval under subsection
(3), indicating the particulars thereof, and shall submit copies of the register to the Cabinet
Secretary.
SEC 129- General penalty
Any person who commits an offence under this Act for which no other penalty is expressly
provided shall be liable to imprisonment for a term not exceeding five years or to a fine not
exceeding five hundred thousand shillings or to both.
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SEXUAL OFFENCES ACT,2006
SEC 2. Interpretation
(1) In this Act, unless the context otherwise requires—
“act which causes penetration” means an act which causes the partial or complete insertion of
the genital organs into the genital organs of another person.
“child” means any human being under the age of eighteen years
“complainant” means the Republic or the alleged victim of a sexual offence and in the case of a
child or a person with mental disabilities, includes a person who lodges a complaint on behalf of
the alleged victim where the victim is unable or inhibited from lodging and following up a
complaint of sexual abuse;
“consent” For the purpose of this Act ,a person consents if he or she agrees by choice, and has
the freedom and capacity to make the choice.
“DNA” means deoxyribonucleic acid, the genetic code unique to every living organism,
including human beings and “DNA Test” shall be construed accordingly;
“gang” means two or more persons;
“genital organs” includes the whole or part of male or female genital organs and for purposes of
this Act includes the anus;
“HIV” means the Human Immunodefiency Virus which causes AIDS;
“HIV test” means the test which determines whether a person is infected with HIV;
“indecent act” means an unlawful intentional act which causes—
(a) any contact between any part of the body of a person with the genital organs, breasts or
buttocks of another, but does not include an act that causes penetration;
(b) exposure or display of any pornographic material to any person against his or her will;
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“intermediary” means a person authorized by a court, on account of his or her expertise or

experience, to give evidence on behalf of a vulnerable witness and may include a parent, relative,
psychologist, counsellor, guardian, children’s officer or social worker;
“law enforcement officer” means any person whose duties involve law enforcement and
includes but is not limited to a police officer as defined under the Police Act;
“person with mental disabilities” means a person affected by any mental disability irrespective
of its cause, whether temporary or permanent, and for purposes of this Act includes a person
affected by such mental
disability to the extent that he or she, at the time of the alleged commission of the offence in
question, was—
(a) unable to appreciate the nature and reasonably foreseeable consequences of any act described
under this Act;
(b) able to appreciate the nature and reasonably foreseeable consequences of such an act but
unable to act in accordance with that appreciation;
(c) unable to resist the commission of any such act; or
(d) unable to communicate his or her unwillingness to participate in any such act;
“penetration” means the partial or complete insertion of the genital organs of a person into the
genital organs of another person;
“sexual offence” means any offence prescribed in this Act; and
“vulnerable person” means a child, a person with mental disabilities or an elderly person and
“vulnerable witness” shall be construed accordingly.
SEC 3. Rape
(1) A person commits the offence termed rape if—
(a) he or she intentionally and unlawfully commits an act which causes penetration with his or
her genital organs;
(b) the other person does not consent to the penetration; or
(c) the consent is obtained by force or by means of threats or intimidation of any kind.
(2) Intentionally and unlawfully:-
This means an act committed;
(a) in any coercive circumstances
(b) under false pretences or by fraudulent means, or
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(c) in respect of a person who is incapable of appreciating the nature of an act which causes
the offence.
Coercive circumstances
Includes any circumstances where there is;
(a) use of force against the complainant or another person or against the property of the
complainant or that of any other person,
(b) threat of harm against the complainant or another person or against the property of
the complainant or that of any other person, or
(c) Abuse of power or authority to the extent that the person in respect of whom the act
is being committed is inhibited from indicating his or her resistance to such an act or
his or her unwillingness to participate in such an act.
False Pretence or Fraudulent Means
Includes circumstances where a person;
(a) in respect of whom an act is being committed is led to believe he or she is
committing such an act with a particular person who is in fact a different person
(b) in respect of whom an act is being committed is led to believe that such an act is
something other than that act, or
(c) Intentionally fails to disclose to the person in respect of whom an act is being
committed, that he or she is infected by HIV or any other life threatening Sexually
Transmitted Disease.
Circumstances in which a person is incapable in law of appreciating the nature
of the act
Includes circumstances where such a person is;
(a) asleep
(b) unconscious
(c) in an altered state of unconsciousness
(d) under the influence of medicine, drugs, alcohol, or other substance to the extent
that the person’s consciousness or judgment is adversely affected.
(e) A child
NB This does not apply I respect orf persons who are lawfully married to each other.
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(3) A person guilty of an offence under this section is liable upon conviction to imprisonment for
a term which shall not be less than ten years but which may be enhanced to imprisonment for
life.
SEC 4. Attempted rape
Any person who attempts to unlawfully and intentionally commit an act which causes
penetration with his or her genital organs is guilty of the offence of attempted rape and is liable
upon conviction for imprisonment for a term which shall not be less than five years but which
may be enhanced to imprisonment for life.
SEC 5. Sexual assault
(1) Any person who unlawfully—
(a) penetrates the genital organs of another person with—
(i) any part of the body of another or that person; or
(ii) an object manipulated by another or that person except where such penetration is carried
out for proper and professional hygienic or medical purposes;
(b) manipulates any part of his or her body or the body of another person so as to cause
penetration of the genital organ into or by any part of the other person’s body, is guilty of an
offence termed sexual assault.
(2) A person guilty of an offence under this section is liable upon conviction to imprisonment for
a term of not less than ten years but which may be enhanced to imprisonment for life.
Sec 8. Defilement
(1) A person who commits an act which causes penetration with a child is guilty of an offence
termed defilement.
(2) A person who commits an offence of defilement with a child aged eleven years or less shall
upon conviction be sentenced to imprisonment for life.
(3) A person who commits an offence of defilement with a child between the age of twelve and
fifteen years is liable upon conviction to imprisonment for a term of not less than twenty years.
(4) A person who commits an offence of defilement with a child between the age of sixteen and
eighteen years is liable upon conviction to imprisonment for a term of not less than fifteen years.
Defences
(5) It is a defence to a charge under this section if—
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(a) it is proved that such child, deceived the accused person into believing that he or she was
over the age of eighteen years at the time of the alleged commission of the offence; and
(b) the accused reasonably believed that the child was over the age of eighteen years.
(6) The belief referred to in subsection (5)(b) is to be determined having regard to all the
circumstances, including any steps the accused person took to ascertain the age of the
complainant.
Exemption to defences
-If the believe reffered to in sub section 5(b) is not determined having regard to all the
circumstances, including any steps the accused person took to ascertain the age of the
complainant.
- If the accused person is related to such child within the prohibited degrees of blood or affinity.
NB: Where the person charged with an offence under this Act is below the age of eighteen
years, the court may upon conviction, sentence the accused person in accordance with the
provisions of the Borstal Institutions Act (Cap. 92) and the Children’s Act, 2001 (No. 8 of 2001).
Sec 9. Attempted defilement
(1) A person who attempts to commit an act which would cause penetration with a child is guilty
of an offence termed attempted defilement.
(2) A person who commits an offence of attempted defilement with a child is liable upon
conviction to imprisonment for a term of not less than ten years.
(3) The provisions of section 8(5), (6), (7) and (8) shall apply mutatis mutandis to this section.
Sec 10. Gang rape
Any person who commits the offence of rape or defilement under this Act in association with
another or others, or any person who, with common intention, is in the company of another or
others who commit the offence of rape or defilement is guilty of an offence termed gang rape
and is liable upon conviction
to imprisonment for a term of not less than fifteen years but which may be enhanced to
imprisonment for life.
Sec 11. Indecent act with child
(1) Any person who commits an indecent act with a child is guilty of the offence of committing
an indecent act with a child and is liable upon conviction to imprisonment for a term of not less
than ten years.
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(2) It is a defence to a charge under subsection (1) if it is proved that such child deceived the
accused person into believing that such child was over the age of eighteen years at the time of the
alleged commission of the offence, and the accused person reasonably believed that the child
was over the age of eighteen years.
(3) The belief referred to in subsection (2) is to be determined having regard to all the
circumstances, including the steps the accused person took to ascertain the age of the
complainant.
(4) Where the person charged with an offence under this Act is below the age of eighteen years,
the court may upon conviction, sentence the accused person in accordance with the provisions of
the Borstal Institutions Act and the Children’s Act.
(5) The provisions of subsection (2) shall not apply if the accused person is related to such child
within the prohibited degrees of blood or affinity.
Sec 11A. Indecent act with adult
Any person who commits an indecent act with an adult is guilty of an offence and liable to
imprisonment for a term not exceeding five years or a fine not exceeding fifty thousand shillings
or to both.
SEC 20. Incest by male persons
(1) Any male person who commits an indecent act or an act which causes penetration with a
female person who is to his knowledge his daughter, granddaughter, sister, mother, niece, aunt or
grandmother is guilty of an offence termed incest and is liable to imprisonment for a term of not
less than ten years: Provided that, if it is alleged in the information or charge and proved that the
female person is under the age of eighteen years, the accused person shall be liable to
imprisonment for life and it shall be immaterial that the act which
causes penetration or the indecent act was obtained with the consent of the female person.
(2) If any male person attempts to commit the offence specified in subsection (1), he is guilty of
an offence of attempted incest and is liable upon conviction to a term of imprisonment of not less
than ten years.
SEC 21. Incest by female persons
Any female person who commits an indecent act or act which causes penetration with a male
person who is to her knowledge her son, father, grandson, grandfather, brother, nephew or uncle
is guilty of an offence termed incest and is liable for imprisonment for not less than ten years. If
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the male person is less than ten years the accused will be liable to imprisonment for life and it
will be immaterial that the act was obtained with the consent of the male.If any female person
attempt to commit incest she shall be liable to not less than ten years.
Sexual harassment-SEC 23
(1) Any person, who being in a position of authority, or holding a public office, who persistently
makes any sexual advances or requests which he or she knows, or has reasonable grounds to
know, are unwelcome, is guilty of the offence of sexual harassment and shall be liable to
imprisonment for a term of not less than three years or to a fine of not less than one hundred
thousand shillings or to both.
(2) It shall be necessary to prove in a charge of sexual harassment that—
(a) the submission or rejection by the person to whom advances or requests are made is intended
to be used as basis of employment or of a decision relevant to the career of the alleged victim or
of a service due to a member of the public in the case of a public officer;
(b) such advances or requests have the effect of interfering with the alleged victim’s work or
educational performance or creating an offensive working or learning environment for the
alleged victim or denial of a service due to the member of the;
(c) public from a public office.
OFFENCES AGAINST MORALITY
Attempts to procure abortion-SEC 158 PC.

Any person who, with intent to procure miscarriage of a woman, whether she is or is not with
child, unlawfully administers to her or causes her to take any poison or other noxious thing, or
uses any force of any kind, or uses any other means whatever, is guilty of a felony and is liable to
imprisonment for fourteen years.
The like by woman with child-SEC 159 PC.
Any woman who, being with child, with intent to procure her own miscarriage, unlawfully
administers to herself any poison or other noxious thing, or uses any force of any kind, or uses
any other means whatever, or permits any such thing or means to be administered or used to her,
is guilty of a felony and is liable to imprisonment for seven years.
Supplying drugs or instruments to procure abortion-SEC 160 PC.
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Any person who unlawfully supplies to or procures for any person any thing whatever, knowing
that it is intended to be unlawfully used to procure the miscarriage of a woman whether she is or
is not with child, is guilty of a felony and is liable to imprisonment for three years.
Unnatural offences-SEC 162 PC
Any person who -

(a) has carnal knowledge of any person against the order of nature; or
(b) has carnal knowledge of an animal; or
(c) permits a male person to have carnal knowledge of him or her against the order of
nature, is guilty of a felony and is liable to imprisonment for fourteen years:
Provided that, in the case of an offence under paragraph (a), the offender shall be liable to
imprisonment for twenty-one years if -
(i) the offence was committed without the consent of the person who was carnally
known; or
(ii) the offence was committed with that person’s consent but the consent was obtained
by force or by means of threats or intimidation of some kind, or by fear of bodily
harm, or by means of false representations as to the nature of the act.
Attempt to commit unnatural offences-SEC 163
Any person who attempts to commit any of the offences specified in section 162 is guilty of a
felony and is liable to imprisonment for seven years.
CHILDREN ACT,2001
Interpretation
In this Act, unless the context otherwise requires—
“age” where actual age is not known means apparent age;
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“authorised officer” means a police officer, an administrative officer, a children’s officer, an

approved officer, a chief appointed under the Chiefs’ Act (Cap. 128), a labour officer or any
other officer authorised by the Director for the purposes of this Act;
“child” means any human being under the age of eighteen years;
“child abuse” includes physical, sexual, psychological and mental injury;

“child of tender years” means a child under the age of ten years;
“children’s remand home” means a remand home established under section 50 for the
detention of children;
“Council” means the National Council for Children’s Services established by section 30;
“Director” means the Director of Children’s Services appointed under section 37;
“disabled child” means a child suffering from a physical or mental handicap which necessitates
special care for the child;
“early marriage” means marriage or cohabitation with a child or any arrangement made for
such marriage or cohabitation;
“education” means the giving of intellectual, moral, spiritual instruction or other training to a
child;
“female circumcision” means the cutting and removal of part or all of the female genitalia and
includes the practices of clitoridectomy, excision, infibulation or other practice involving the
removal of part, or of the entire clitoris or labia minora of a female person;
“foster parent” means a parent registered under this Act to receive and retain a child for the
purpose of caring for and maintaining the child apart from the child’s parents, guardian or
relative;
“guardian” in relation to a child includes any person who in the opinion of the court has charge
or control of the child;
“home” in relation to a child means the place where the child’s parent, guardian, relative or
foster parent permanently resides, or if there is no parent, guardian or relative living and the child
has no foster parent, the child’s parent’s or guardian’s or relative’s last permanent residence:
Provided that—
(i) in the case of a parent, guardian or relative having, or having had more than one permanent
place of residence, the parent, guardian or relative shall be presumed to be or to have been
permanently resident at the place of such person’s principal permanent residence; and
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(ii) where the court is unable to determine the home of any such child, the child shall be deemed
for the purposes of this Act to have his home in the area of jurisdiction of the local authority in
whose area he is found;
“medical practitioner” means a person registered as a medical practitioner under the Medical
Practitioners’ and Dentists’ Act (Cap. 253);
“parent” means the mother or father of a child and includes any person who is liable by law to
maintain a child or is entitled to his custody;
“place of safety” means any institution, hospital or other suitable place the occupier of which is
willing to accept the temporary care of a child;
CHILD RIGHTS
SEC 5. Non-discrimination
No child shall be subjected to discrimination on the ground of origin, sex, religion, creed,
custom, language, opinion, conscience, colour, birth, social, political, economic or other status,
race, disability, tribe, residence or local connection.
SEC 6. Right to parental care
(1) A child shall have a right to live with and to be cared for by his parents.
(2) Subject to subsection (1), where the court or the Director determines in accordance with the
law that it is in the best interests of the child to separate him from his parent, the best alternative
care available shall be provided for the child.
(3) Where a child is separated from his family without the leave of the court, the Government
shall provide assistance for reunification of the child with his family.
SEC 7. Right to education
(1) Every child shall be entitled to education the provision of which shall be the responsibility of
the Government and the parents.
(2) Every child shall be entitled to free basic education which shall be compulsory in accordance
with Article 28 of the United Nations Convention on the Rights of the Child.
SEC 8. Right to religious education

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(1) Every child shall have a right to religious education subject to appropriate parental guidance.
(2) The Minister shall make regulations giving effect to the rights of children from minority
communities to give fulfillment to their culture and to practice their own language or religion.
SEC 9. Right to health care
Every child shall have a right to health and medical care the provision of which shall be the
responsibility of the parents and the Government.
SEC 10. Protection from child labour and armed conflict
(1) Every child shall be protected from economic exploitation and any work that is likely to be
hazardous or to interfere with the child’s education, or to be harmful to the child’s health or
physical, mental, spiritual, moral or social development.
(2) No child shall take part in hostilities or be recruited in armed conflicts, and where armed
conflict occurs, respect for and protection and care of children shall be maintained in accordance
with the law.
SEC 11. Name and nationality
Every child shall have a right to a name and nationality and where a child is deprived of his
identity the Government shall provide appropriate assistance and protection, with a view to
establishing his identity.
SEC 12. Disabled child
A disabled child shall have the right to be treated with dignity, and to be accorded appropriate
medical treatment, special care, education and training free of charge or at a reduced cost
whenever possible.
SEC 13. Protection from abuse, etc.
(1) A child shall be entitled to protection from physical and psychological abuse, neglect and any
other form of exploitation including sale, trafficking or abduction by any person.
(2) Any child who becomes the victim of abuse, in the terms of subsection (1), shall be accorded
appropriate treatment and rehabilitation in accordance with such regulations as the Minister may
make.
SEC 14. Protection from harmful cultural rites, etc.
No person shall subject a child to female circumcision, early marriage or other cultural rites,
customs or traditional practices that are likely to negatively affect the child’s life, health, social
welfare, dignity or physical or psychological development.
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SEC 15. Protection from sexual exploitation

A child shall be protected from sexual exploitation and use in prostitution, inducement or
coercion to engage in any sexual activity, and exposure to obscene materials.
SEC 16. Protection from drugs
Every child shall be entitled to protection from the use of hallucinogens, narcotics, alcohol,
tobacco products or psychotropic drugs and any other drugs that may be declared harmful by the
Minister responsible for health and from being involved in their production, trafficking or
distribution.
SEC 17. Leisure and recreation
A child shall be entitled to leisure, play and participation in cultural and artistic activities.
SEC 18. Torture and deprivation of liberty
(1) No child shall be subjected to torture, cruel treatment or punishment, unlawful arrest or
deprivation of liberty.
(2) Notwithstanding the provisions of any other law, no child shall be subjected to capital
punishment or to life imprisonment.
(3) A child offender shall be separated from adults in custody.
(4) A child who is arrested and detained shall be accorded legal and other assistance by the
Government as well as contact with his family.
SEC 19. Right to privacy
Every child shall have the right to privacy subject to parental guidance.
SEC 20. Penalties
Notwithstanding penalties contained in any other law, where any person willfully or as a
consequence of culpable negligence infringes any of the rights of a child as specified in sections
5 to 19 such person shall be liable upon summary conviction to a term of imprisonment not
exceeding twelve months, or to a fine not exceeding fifty thousand shillings or to both such
imprisonment and fine.
SEC 119. When a child is in need of care and protection
(1) For the purposes of this Act, a child is in need of care and protection—
(a) who has no parent or guardian, or has been abandoned by his parent or guardian, or is
destitute; or
(b) who is found begging or receiving alms; or
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(c) who has no parent or the parent has been imprisoned; or

(d) whose parents or guardian find difficulty in parenting; or
(e) whose parent or guardian does not, or is unable or unfit to exercise proper care and
guardianship; or
(f) who is truant or is falling into bad associations; or
(g) who is prevented from receiving education; or
(h) who, being a female, is subjected or is likely to be subjected to female circumcision or early
marriage or to customs and practices prejudicial to the child’s life, education and health; or
(i) who is being kept in any premises which, in the opinion of a medical officer, are
overcrowded, unsanitary or dangerous; or
(j) who is exposed to domestic violence; or
(k) who is pregnant; or
(l) who is terminally ill, or whose parent is terminally ill; or
(m) who is disabled and is being unlawfully confined or ill treated; or
(n) who has been sexually abused or is likely to be exposed to sexual abuse and exploitation
including prostitution and pornography; or
(o) who is engaged in any work likely to harm his health, education, mental or moral
development; or
(p) who is displaced as a consequence of war, civil disturbances or
natural disasters; or
(q) who is exposed to any circumstances likely to interfere with his physical, mental and social
development; or
(r) if any of the offences mentioned in the Third Schedule to this Act has been committed against
him or if he is a member of the same household as a child against whom any such offence has
been committed, or is a member of the same household as a person who has been convicted of
such an offence against a child; or
(s) who is engaged in the use of, or trafficking of drugs or any other substance that may be
declared harmful by the Minister responsible for Health.
CHILDREN’S COURTS
SEC 73. Jurisdiction of Children’s Court
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There shall be courts to be known as Children’s Courts constituted in accordance with the
provisions of this section for the purpose of—
(a) conducting civil proceedings on matters relating to parental responsibility, administration of
children services, custody and maintenance, guardianship, judicial order for the protection of
children, children in need of care and protection ,foster care placement and child offender.
(b) hearing any charge against a child, other than a charge of murder or a charge in which the
child is charged together with a person or persons of or above the age of eighteen years;
(c) hearing a charge against any person accused of an offence under this Act;
(d) exercising any other jurisdiction conferred by this or any other written law.
Sitting of Children’s Court-SEC 74
A Children’s Court shall sit in a different building or room, or at different times, from those in
which sittings of courts other than Children’s Courts are held, and no person shall be present at
any sitting of a Children’s Court except—
(a) members and officers of the court;
(b) parties to the case before the court, their advocates and witnesses and other persons directly
concerned in the case;
(c) parents or guardians of any child brought before the court;
(d) bona fide registered representatives of newspapers or news agencies;
(e) such other persons as the court may specially authorised to be present.
SEC 114. Orders which court may make
The court may from time to time make any of the following orders in this Act referred to as
“section 114 orders”—
(a) An “access order”, which shall require the person with whom the child is residing to allow
the child to visit, or to stay periodically with the person named in the order, or to allow such
person to have such
other contact with the child as may be directed by the court: Provided that an access order made
under this section shall not be made in relation to a child in respect of whom a care order has
been made under this Part, but access to the child concerned may be obtained upon an
application made under section 133;
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(b) a “residence order”, which shall require a child to reside with a person named in the order
and/or determine the arrangements to be made to facilitate the residence of the child with the
person named
in the order;
(c) an “exclusion order” requiring a person who has used violence or threatened to use violence
against a child, whether or not that person permanently resides with the child, to depart from the
home in which the child is residing or to restrain the person from entering the home or a
specified part of the home or from a specified area in which the home is included, or to restrain
any other person from taking the child to the person against whom the child needs protection for
such period as the court may specify;
(d) a “child assessment order” requiring a child to be investigated or evaluated by a person
appointed by the court to assist the court in determining any matter concerning the welfare and
upbringing of the
child;
(e) a “family assistance order” requiring a person appointed by the court to provide such
advice, counselling and guidance to a child, his parents or custodian or guardians, the child’s
relatives, or any person who has care and control of the child or with whom the child is residing,
as the court may specify;
(f) a “wardship order” requiring that a child be placed under the protection and custody of the
court;
(g) a “production order” requiring any person who is harbouring, concealing or otherwise
unlawfully detaining a child, or who intends to remove a child from Kenya or from the local
limits of the
jurisdiction of the court, to disclose any information regarding the whereabouts of the child
and/or to produce the child before the court and/or restraining the person from removing the
child from the jurisdiction of the court for such period as the court may specify.
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THE PUBLIC OFFICER ETHICS ACT,2003.
“Code of Conduct and Ethics” means, for a public officer, the Code of Conduct and Ethics
established under Part II for that public officer;
“Commission” means a commission, committee or other body having functions under this
Act by virtue of section 3;
“public officer” means any officer, employee or member, including an unpaid, part-time or
temporary officer, employee or member, of any of the following-
(a) the Government or any department, service or undertaking of the Government;
(b) the National Assembly or the Parliamentary Service;
(c) a local authority;
(d) any corporation, council, board, committee or other body which has power to act under
and for the purposes of any written law relating to local government, public health or
undertakings of public utility or otherwise to administer funds belonging to or granted
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by the Government or money raised by rates, taxes or charges in pursuance of any such
law;
(e) a co-operative society established under the Co-operative Societies Act;
Provided that this Act shall apply to an officer of a co-operative society within the meaning of
the Act.
(f) a public university;

(g) any other body prescribed by regulation for the purposes of this paragraph;
“responsible Commission”, in relation to a public officer, means the Commission determined
under section 3 to be the responsible Commission in relation to that public officer.
Specific Codes Of Conduct And Ethics

Establishment of specific Codes-SEC 5
(1) Each Commission shall establish a specific Code of Conduct and Ethics for the public
officers for which it is the responsible Commission.
(2) The specific Code established by a Commission shall include all the requirements in the
general Code of Conduct and Ethics under Part III and may-
(a) include requirements beyond what is required under the general Code of Conduct and Ethics
under Part III; and
(b) set out how any requirements of the specific or general Code may be satisfied.
(3) No requirement shall be included in a specific Code that would infringe any independence of
a public officer provided for by the Constitution or an Act and any requirement of the specific
Code or in the general Code of Conduct and Ethics under Part III is of no effect to the extent that
it would do so.
(4) Until a Commission has established a specific Code under this section, the general Code of
Conduct and Ethics under Part III shall apply as though it were the specific Code established by
the Commission.
General Code Of Conduct And Ethics

Professionalism-SEC 9.
(1) A public officer shall-
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(a) carry out his duties in a way that maintains public confidence in the integrity of his
office;
(b) treat the public and his fellow public officers with courtesy and respect;
(c) to the extent appropriate to his office, seek to improve the standards of performance
and level of professionalism in his organisation;
(d) if a member of a professional body, observe the ethical and professional requirements of
that body;
(e) observe official working hours and not be absent without proper authorization or
reasonable cause;
(f) maintain an appropriate standard of dress and personal hygiene; and
(g) discharge any professional responsibilities in a professional manner.
Improper enrichment -SEC 11
(1) A public officer shall not use his office to improperly enrich himself or others.
(2) Without limiting the generality of subsection (1), a public officer shall not-
(a) except as allowed under subsection (3) or (4), accept or request gifts or favours from
a person who-
(i) has an interest that may be affected by the carrying out, or not carrying out, of the
public officer’s duties;
(ii) carries on regulated activities with respect to which the public officer’s organisation
has a role; or
(iii) has a contractual or similar relationship with the public officer’s organisation;
(b) improperly use his office to acquire land or other property for himself or another
person, whether or not the land or property is paid for; or
(c) for the personal benefit of himself or another, use or allow the use of information that
is acquired in connection with the public officer’s duties and that is not public.
(3) A public officer may accept a gift given to him in his official capacity but, unless the gift is a
non-monetary gift that does not exceed the value prescribed by regulation, such a gift shall be
deemed to be a gift to the public officer’s organisation.
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(4) Subsection (2)(a) does not prevent a public officer from accepting a gift from a relative or
friend given on a special occasion recognized by custom.
(5) Subsection (2)(c) does not apply to the use of information for educational or literary
purposes, research purposes or other similar purposes.
Conflict of interest -SEC 12.

(1) A public officer shall use his best to efforts to avoid being in a position in which his personal
interests conflict with his official duties.
(2) Without limiting the generality of subsection (1), a public officer shall not hold shares or
have any other interest in a corporation, partnership of other body, directly or through another
person, if holding those shares or having that interest would result in the public officer’s personal
interests conflicting with his official duties.
(3) A public officer whose personal interests conflict with his official duties shall-
(a) declare the personal interests to his superior or other appropriate body and comply
with any directions to avoid the conflict; and
(b) refrain from participating in any deliberations with respect to the matter.
(4) Notwithstanding any directions to the contrary under subsection (3)(a), a public officer shall
not award a contract, or influence the award of a contract, to-
(a) himself;
(b) a spouse or relative;
(c) a business associate; or
(d) a corporation, partnership or other body in which the officer has an interest.
(5) The regulations may govern when the personal interests of a public officer conflict with his
official duties for the purposes of this section.
(6) In this section, “personal interest” includes the interest of a spouse, relative or business
associate.
Sexual harassment-SEC 21
(1) A public officer shall not sexually harass a member of the public or a fellow public officer.
(2) In subsection (1), “sexually harass” includes doing any of the following, if the person doing it
knows or ought to know that it is unwelcome-
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(a) making a request or exerting pressure for sexual activity or favours;

(b) making intentional or careless physical contact that is sexual in nature; and
(c) making gestures, noises, jokes or comments, including innuendos, regarding another
person’s sexuality.
Declarations Of Income, Assets And Liabilities-SEC 26.
(1) Every public officer shall, once every two years prescribed by section 27, submit to the
responsible Commission for the public officer a declaration of the income, assets and liabilities
of himself, his spouse or spouses and his dependent children under the age of 18 years.
(2) The declaration shall be in the form set out in the Schedule and shall include the information
required by the form.
Declaration required - SEC 27.
(1) The declaration shall be submitted in the December of every second year.
(2) The statement date of a declaration under subsection (1) shall be the first day of November of
the year in which the declaration is required.
(3) Within thirty days after becoming a public officer, the public officer shall submit an initial
declaration.
(4) The statement date of an initial declaration under subsection (3) shall be the date the public
officer became a public officer.
(5) Within thirty days after ceasing to be a public officer, the former public officer shall submit a
final declaration.
(6) The statement date of a final declaration under subsection (5) shall be the date the public
officer ceased to be a public officer.
Offences –SEC 32.
A person who fails to submit a declaration or clarification as required under this Part or who
submits, in such a declaration or clarification, information that he knows, or ought to know, is
false or misleading, is guilty of an offence and is liable, on conviction, to a fine not exceeding
one million shillings or to imprisonment for a term not exceeding one year or to both.
Disciplinary action- SEC 36
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(1) If an investigation discloses that the public officer has contravened the Code of Conduct and
Ethics, the responsible Commission shall, within thirty days after the completion of the
investigation :-
(a) take the appropriate disciplinary action; or
(b) if the responsible Commission does not have the power to take the appropriate
disciplinary action, refer the matter to a body or person who does have that power.
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PUBLIC ORDER ACT
Interpretations
“excluded meeting” means—

(a) any meeting convened and held exclusively for the lawful purposes of any public
body; or
(b) any meeting of the members of any registered organization, whether corporate or
unincorporate, convened in accordance with the constitution of the organization and
held exclusively for the lawful purposes of that organization;
(c) any meeting of the members of any trade union convened and held exclusively for the
lawful purposes of that trade union;
(d) any meeting convened and held exclusively for social, cultural, charitable, educational,
commercial or industrial purposes;
(e) any meeting of the organs of a political party, convened in accordance with the
constitution of the party and held exclusively to discuss the affairs of the party;
(f) impromptu “meet-the-people” tours by Members of Parliament and councillors.
“hours of darkness” means the hours between half-past six in the evening and half-past six
on the following morning
“hours of daylight” means the hours between half-past six in the morning and half-past six
in the evening;
“meeting” means any gathering of persons (not being an excluded meeting) convened and
held for any purpose, including any political purpose;
“offensive weapon” means any article made or adapted for use for causing injury to the
person, or intended by the person having it in his possession or under his control for such use;
“public gathering” means a public meeting, a public procession, and any other meeting,
gathering or concourse of ten or more persons in any public place;
“public meeting” means any meeting, not being an excluded meeting, held or to be held in
a public place;
“public place” means any place to which for the time being the public or any section of the
public are entitled or permitted to have access whether on payment or otherwise, and, in relation
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to any meeting to be held in the future, includes any place which will, on the occasion and for the
purposes of such meeting, be a public place;
“public procession” means any procession in, to or from a public place;
“regulating officer” means the officer in-charge of the police station in the area in which a
proposed public meeting is proposed to be held, or in the case of a public procession, the police
officer in-charge of the police station in the area in which the procession is proposed to start and
to end;
Procedure of licencing Public meetings and Processions.
Sec 5.(1) No person shall hold a public meeting or a public procession except in accordance with the
provisions of this section.
(2) Any person intending to convene a public meeting or a public procession shall notify the regulating
officer of such intent at least three days but not more than fourteen days before the proposed date of the
public meeting or procession.
(3) A notice under subsection (2) shall be in the prescribed form and shall specify—
(a) the full names and physical address of the organizer of the proposed public meeting or
public procession;
(b) the proposed date of the meeting or procession and the time thereof which shall be between
six o’clock in the morning and six o’clock in the afternoon;
(c) the proposed site of the public meeting or the proposed route in the case of a public
procession.
(4) Where, upon receipt of a notice under subsection (2), it is not possible to hold the
proposed public meeting or public procession for the reason that notice of another
public meeting or procession on the date, at the time and at the venue proposed has
already been received by the regulating officer, the regulating officer shall forthwith
notify the organizer.
(5) The notification by the regulating officer under subsection (4) shall be in writing and
shall be delivered to the organizer at the physical address specified pursuant to the
provisions of subsection (3).
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(6) Where the regulating officer notifies the organizer of a public meeting or public
procession in accordance with subsection (3) that it is not possible to hold the proposed
meeting or procession, such public meeting or procession shall not be held on the date,
at the time and venue proposed, but may, subject to this section, be held on such future
date as the organizer may subsequently notify.
(7) The organizer of every public meeting or public procession or his authorized agent
shall be present throughout the meeting or procession and shall assist the police in the
maintenance of peace and order at the meeting or procession.
(8) The regulating officer or any police officer of or above the rank of inspector may stop
or prevent the holding of—
(a) any public meeting or public procession held contrary to the provisions of sub-sections
(2) or (6);
(b) any public gathering or other meeting or procession which, having regard to the rights
and interests of the persons participating in such gathering, meeting or procession, there
is clear, present or imminent danger of a breach of the peace or public order.
Prohibition of offensive weapons at public meetings and processions.
Sec 6. (1) Any person who, while present at any public meeting or on the occasion of any public
procession, has with him any offensive weapon, otherwise than in pursuance of lawful authority,
shall be guilty of an offence.
(2) For the purposes of this section, a person shall not be deemed to be acting in pursuance of
lawful authority unless he is acting in his capacity as a police officer or member of a fire brigade
or otherwise in his capacity as a public officer or as a servant of a local authority.
Offences
Offences by corporations, societies, etc-SEC 18.
Where any offence under this Act or under any regulations made thereunder 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 persons shall be guilty of that offence and liable
to be punished accordingly, unless it is proved by such person that, through no act or omission on his part,
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he was not aware that the offence was being or was intended or about to be committed, or that he took all
reasonable steps to prevent its commission.
Offences to be cognizable; and consent of Attorney- General-SEC 19.
All offences under this Act shall be cognizable to the police; and, where it is provided in this Act
that a prosecution for an offence thereunder shall not be instituted without the consent of the
Attorney- General, a person may be arrested for and charged with such an offence, and may be
remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the
institution of a prosecution for the offence has not been obtained, but no further or other
proceedings shall be taken until such consent has been obtained:
Penalty-SEC 17
Every person who is guilty of an offence under this Act, or under any regulations made
thereunder, in respect of which no special penalty is provided shall be liable to a fine not
exceeding five thousand shillings or to imprisonment for a term not exceeding six months, or to
both such fine and such imprisonment.
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WITNESS PROTECTION ACT,2006.
Interpretation
“Agency” means the Witness Protection Agency established by section 3A;
“Board” means the Witness Protection Advisory Board established by section 3P;
“Committee” means the State Corporations Advisory Committee established under the State
Corporations Act (Cap. 446);
“Director” means the Director of the Agency appointed under section 3E;
“participant” means a witness who is included in the programme;
“programme” means the witness protection programme established and maintained under
section 4;
“protected person” means a person who has been placed under protection in accordance with
the provisions of sections 3(2), 5 and 9;
“register of births” means a register of births maintained under the Births and Deaths
Registration Act (Cap. 149);
“register of deaths” means a register of deaths maintained under the Births and Deaths
Registration Act (Cap. 149);
“register of marriages” means—
(a) a register maintained under any Act in which marriages are registered or recorded; or
(b) an index, maintained under any Act, of certified copies of any such registers.
“Tribunal” means the Witness Protection Appeals Tribunal established by section 3U;
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“witness” has the meaning ascribed to that expression by section 3;

“witness protection order” means an order of the High Court under Part III.
Meaning of “witness”
(1) For the purposes of this Act, a witness is a person who needs protection from a threat or risk
which exists on account of his being a crucial witness, who—
(a) has given or agreed to give, evidence on behalf of the State in—
(i) proceedings for an offence; or
(ii) hearings or proceedings before an authority which is declared by the Minister by
Order published in the Gazette to be an authority to which this paragraph applies;
(b) has given or agreed to give evidence, otherwise than as mentioned in paragraph (a), in
relation to the commission or possible commission of an offence against a law of Kenya;
(c) has made a statement to—
(i) the Commissioner of Police or a member of the Police Force; or
(ii) a law enforcement agency, in relation to an offence against a law of Kenya;
(d) is required to give evidence in a prosecution or inquiry held before a court, commission or
tribunal outside Kenya—
(i) for the purposes of any treaty or agreement to which Kenya is a party; or
(ii) in circumstances prescribed by regulations made under this Act.
Inclusion in witness protection programme

SEC 5. Inclusion in witness protection programme
(1) The decision to admit into or exclude any person from the programme, shall be the
responsibility of the Director.
(2) A person may be included in the programme only if—
(a) the Director has decided that the witness be so included;
(b) the person agrees to be included; and
(c) a memorandum of understanding in accordance with section 7 is signed by the witness
or by—
(i) a parent or guardian of the person if the person is under the age of eighteen years; or
(ii) a guardian or other person who is usually responsible for the care and control of the person, if
the person otherwise lacks legal capacity to sign it.
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(3) Where a person has not been offered protection under the programme, a written request for
his inclusion in the programme may be made to the Director by —
(a) the witness; or
(b) a law enforcement agency.
(c) a public prosecutor; or

(d) a legal representative or any other intermediary.
(4) An application for the protection of a person below the age of eighteen may, in circumstances
as the Minister may specify in Regulations, be made without the consent of the person’s parent
or guardian.
(5) The Agency shall process the request under subsection (3) without undue delay.
(6) Where—
(a) a parent or guardian of a witness signs a memorandum of understanding because the
witness was under the age of eighteen; and
(b) the memorandum is still operating after the witness turns eighteen, the Agency may
require the witness to sign the memorandum.
(7) The inclusion of a witness or protected person in the programme shall not be treated as a
reward or a means of persuading or encouraging the witness to give evidence or to make a
statement.
SEC 10. Cessation of protection and assistance
(1) Protection and assistance provided under the programme to a participant shall be terminated
by the Director if the participant requests in writing that it be terminated.
(2) Protection and assistance provided under the programme may be terminated by the Director
if—
(a) the participant deliberately breaches a term of the memorandum of understanding or a
requirement or undertaking relating to the programme;
(b) anything done or intended to be done by the participant is, in the opinion of the
Director, likely to threaten the security or compromise the integrity of the programme; or
(c) the circumstances which gave rise to the need for protection and assistance for the
participant have ceased to exist, and the Director is of the opinion that, in the
circumstances of the case, the protection and assistance should be terminated.
SEC 24. Identity of participant not to be disclosed in legal proceedings
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(1) If, in any proceedings in a court, tribunal or commission of inquiry, the identity of a
participant is in issue or may be disclosed, the court, tribunal or commission shall, unless it
considers that the interests of justice require otherwise—
(a) hold that part of the proceedings which relates to the identity of the
participant in private; and
(b) make such order relating to the suppression of publication of evidence given before
the court, tribunal or commission as, in its opinion, will ensure that the identity of the
participant is not disclosed.
(2) If in any proceedings in a court, tribunal or commission of inquiry, a participant or former
participant who has been provided with a new identity under the programme is giving evidence,
the court, tribunal or commission may hold that part of the proceedings in camera.
(3) The court, tribunal or commission before which any proceedings referred to in subsection (1)
or (2) are conducted may, if it thinks fit, by order direct—
(a) that no question shall be asked in the proceedings which might lead to the disclosure of a
protected identity of a participant or former participant or of his place of abode;
(b) that no witness in the proceedings, including a participant or former participant, can be
required to answer a question, give any evidence, or provide any information, which may lead to
the disclosure of a protected identity of the participant or former participant or of his place of
abode; and
(c) that no person involved in the proceedings shall, in the proceedings, make a statement which
discloses or could disclose a protected identity of a participant or former participant or his place
of abode.
(4) In subsection (3), “protected identity” means an identity of a participant or former
participant that is different from the identity under which he is known in or in connection with
the proceedings concerned.
(5) This section shall have effect notwithstanding any provision of the Commissions of Inquiry
Act (Cap. 102) or any other law or rule of evidence.
SEC 16. Power of High Court to make order
The High Court may make a witness protection order if it is satisfied that—
(a) the person named in the application as a witness—
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(i) was a witness to or has knowledge of an offence and is or has been a witness in
criminal proceedings relating to the offence; or
(ii) is a person who, because of his relationship to or association with a person to whom
subparagraph (i) applies, may require protection or other assistance under this Act;
(b) the life or safety of the person may be endangered as a result of his being a witness;
(c) a memorandum of understanding has been entered into by the witness in accordance with
section 7; and
(d) the person is likely to comply with the memorandum of understanding.
ALCOHOLIC DRINKS CONTROL ACT,2010.
Interpretation
“Accounting Officer” means the accounting officer of the relevant agency;
“alcohol” means the product known as ethyl alcohol or any product obtained by fermentation or
distillation of any fermented alcoholic product, rectified either once or more often, whatever the
origin, and shall include synthetic ethyl alcohol, but shall not include methyl alcohol and alcohol
completely denatured in accordance with the prescribed formulas;
“alcoholic drink” includes alcohol, spirit, wine, beer traditional alcoholic drink, and any one or
more of such varieties containing one-half of one per cent or more of alcohol by volume,
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including mixed alcoholic drinks, and every liquid or solid, patented or not, containing alcohol,
spirits, wine, or beer and capable of being consumed by a human being;
“authorised officer” means an authorised officer within the meaning of section 50;
“entity” includes a company, corporation, firm, partnership, association, society, trust or other
organisation, whether incorporated or not;
“harmful constituent” means any constituent of an alcoholic drink which the Minister may,
under section 68 prescribe;
“illicit trade” means any practice or conduct prohibited by law and which relates to production,
shipment, receipt, possession, distribution, sale or purchase of alcohol or its products, including
any practice or conduct intended to facilitate such activity;
“ingredients” means substances used during the alcohol manufacturing process;
“licensee” means a person who holds a licence granted under this Act;
“ “manager” in relation to—
(a) a cinema or theatre, includes an assistant manager, a person holding an office analogous to
that of a manager or assistant manager of the cinema or theatre or any person in charge or in
control of the cinema or theatre;
(b) a health institution, includes the owner or a person in charge or in control of the health
institution;
(c) a specified building, includes the owner, occupier, lessee or the person in charge or in control
of the specified building;
“manufacture” means the processing of an alcoholic drink and includes the packaging, labeling,
distribution or importation of an alcoholic drink for sale in Kenya;
“manufacturer”, in respect of an alcoholic drink, includes any entity that is involved in its
manufacture, including an entity that controls or is controlled by the manufacturer, or that is
controlled by the same entity that controls the manufacturer;
“package” means the container, receptacle or wrapper in which an alcoholic drink is sold or
distributed and includes the carton in which multiple packages are stored;
“relevant agency” means the National Campaign Against Drug Abuse Authority or its successor
in law as the public body or department responsible for matters relating to alcoholic drinks;
“retailer” means a person who is engaged in a business that includes the sale of any alcoholic
drink to consumers;
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“sell” includes—
(a) barter or exchange without use of money;
(b) offer or expose for sale, barter or exchange without use of money;
(c) supply, or offer to supply, in circumstances in which the supplier derives or would derive, a
direct or indirect pecuniary benefit;
(d) supply or offer to supply, gratuitously but with a view of gaining or maintaining custom, or
otherwise with a view for commercial gain;
“vending machine” means a machine or device that is constructed to contain alcoholic drinks
and which can automatically retail any alcoholic drink upon the insertion of a coin, token or
similar object into the machine or device.
SEC 7. Control of alcoholic drinks
(1) No person shall—
(a) manufacture or otherwise produce;
(b) sell, dispose of, or deal with;
(c) import or cause to be imported; or
(d) export or cause to be exported,
any alcoholic drink except under and in accordance with a licence issued under this Act.
(2) For the purposes of subsection (1), an alcoholic drink shall be deemed to have been exported
when it is placed on a ship, aircraft, train or any other vehicle within Kenya for the purposes of
export.
(3) Subsection (1) shall not apply to—
(a) the bona fide administration or sale for purely medical purposes, and in accordance with any
written law for the time being in force governing the administration and sale of medicine, by a
medical practitioner, a veterinary surgeon registered under the Veterinary Surgeons Act (Cap.
366) or a pharmacist registered under the Pharmacy and Poisons Act (Cap. 244), of a medicine
containing alcoholic drink;
(b) the sale of spirituous or distilled perfume, or perfumery;
(c) the sale of industrial alcohol;
(d) the sale by auction by an auctioneer, licensed under the Auctioneers Act, 1996 (No. 5 of
1996), of an alcoholic drink in quantities not less than those authorized to be sold under a
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wholesale alcoholic drink licence belonging to a wholesale dealer, on the licensed premises of
the dealer;
(e) the sale by a deceased person’s legal personal representative of an alcoholic drink forming
part of the estate of the deceased person;
(f) the sale by a trustee in bankruptcy of an alcoholic drink forming part of the bankrupt’s estate;
(g) the sale by the liquidator of a company of an alcoholic drink forming part of the company’s
assets;
(h) the sale of alcoholic drink at Parliament Buildings, if sold with the permission of the Speaker
of the National Assembly;
(i) the sale of alcoholic drink to the members only of any canteen, club, institute, mess or similar
institution of the disciplined forces: Provided that this paragraph shall not apply to any such
canteen, club, institute, mess or similar institution operated by any person for personal profit.
SEC 21. Employment for sale of alcoholic drinks
(1) Notwithstanding the provisions of any other written law, no licensee shall employ a person
under the age or apparent age of eighteen years, or knowingly employ a person who has been
convicted of an offence under this Act or any other Act at any time in force regulating the sale of
alcoholic drinks, to sell, control or supervise the sale of alcoholic drinks or to have the custody or
control of alcoholic drinks on licensed premises.
(2) No licensee shall permit any other person to manage, superintend or conduct the day-to-day
business of the premises in respect of which he is licensed except with the written consent of the
District Committee and every person in respect of whom such consent is given shall be subject
and liable to the same duties, obligations and penalties under this Act as the licensee.
(3) The provisions of subsection (2) shall not relieve the licensee of his duties and obligations
under this Act.
(4) Any person who contravenes the provisions of this section commits an offence.
SEC 24. Access by persons under age of eighteen years
(1) No person holding a licence to manufacture, store or consume alcoholic drinks under this Act
shall allow a person under the age of eighteen years to enter or gain access to the area in which
the alcoholic drink is manufactured, stored or consumed.
(2) Any person who contravenes the provisions of subsection (1) commits an offence.
SEC 28. Supply to young persons
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(1) No person shall sell, supply or provide knowingly an alcoholic drink to a person under the
age of eighteen years.
(2) Subject to subsection (3), a person who contravenes the provisions of subsection (1) commits
an offence and shall be liable to a fine not exceeding one hundred and fifty thousand shillings, or
to imprisonment for a term not exceeding one year, or to both.
(3) Notwithstanding the provisions of subsection (1), it shall be a defence to an offence under
this section if it is established that the accused person attempted to verify that the young person
was at least eighteen years of age by asking for and being shown any of the documents specified
in subsection (4) for the purpose of verifying the age of the young person and believed, on
reasonable grounds, that the documentation was authentic.
(4) For the purposes of this section, the following documentation may be used to verify a
person’s age—
(a) a national identity card issued by the Republic of Kenya;
(b) a passport issued by the Republic of Kenya or any other country; or
(c) any other documentation as the Minister may prescribe.

(5) No person shall manufacture or sell objects including sweets, snacks and toys that resemble
or imitate alcoholic drinks.
(6) A person who contravenes the provisions of subsection (5) commits an offence and shall be
liable to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not
exceeding three years, or to both.
SEC 34. Breach of licence
Any person who sells an alcoholic drink or offers or exposes it for sale or who bottles an
alcoholic drink except under and in accordance with, and on such premises as may be specified
in a licence issued in that behalf under this Act commits an offence and is liable—
(a) for a first offence, to a fine not exceeding fifty thousand shillings or to imprisonment for a
term not exceeding nine months, or to both;
(b) for a second or subsequent offence, to a fine not exceeding one hundred thousand shillings or
to imprisonment for a term not exceeding one year or to both, and in addition to any penalty
imposed under paragraph (a) or (b), the court may order, the forfeiture of all alcoholic drinks
found in the possession, custody or control of the person convicted, together with the vessels
containing the alcoholic drink.
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SEC 62. General penalty

Any person convicted of an offence under this Act for which no other penalty is provided shall
be liable to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term
not exceeding three years, or to both.
ELECTIONS ACT,2011.
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“ballot box” means a transparent container with a slot on the top sufficient to accept a ballot
paper in an election or in a referendum but which prevents access to the votes cast until the
closing of the voting period;
“ballot paper” means a paper used to record the choice made by a voter and shall include an
electronic version of a ballot paper or its equivalent for purposes of electronic voting;
“campaign period” means the period specified as such in the notice issued by the Commission
in relation to an election;
“candidate” means a person contesting for an elective post;

“Commission” means the Independent Electoral and Boundaries Commission established under
Article 88 of the Constitution;
“constituency register" means the register of voters compiled in respect of each constituency
by the Commission;
“county” means the counties into which Kenya is divided under Article 6 (1) of the Constitution
and specified in the First Schedule of the Constitution;
“county assembly” means a county assembly constituted in accordance with Article 177 of the
Constitution;
“county election" means the election of a county governor or a member of a county assembly;
"election offence" means an offence under this Act;
“elections officer” means a person appointed by the Commission for the purposes of conducting
an election under this Act;
“independent candidate” means a candidate for presidential, parliamentary or county elections

who is not a member of a political party;
“petition” means an application to the election court under the Constitution or under this Act;
“polling station” means any room, place, vehicle or vessel set apart and equipped for the casting
of votes by voters at an election;
“Principal Register of Voters” means a current register of persons entitled to vote at an election
prepared in accordance with section 3 and includes a register that is compiled electronically;
“returning officer” means a person appointed by the Commission for the purpose of conducting
an election or a referendum under this Act;
“voter” means a person whose name is included in a current register of voters;
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“voting period” means the period specified as such in the notice issued by the Commission in
relation to an election;
Role of police-SEC 105
- It shall be the duty of police officers in their respective areas of operation, to take all necessary
measures for the maintenance of law and order and stability necessary for the conduct of an
election and to protect and uphold the rights of all persons under any written law relating to
elections.
-Notwithstanding the provisions of the law relating to the National Police Service or any other
written law, a police officer assigned duties during the conduct of an election or referendum shall
be deemed to be an elections officer for purposes of this Act and subject to direction and
instruction of the Commission.
Personation-SEC 61.
(1) A person, who at an election—
(a) applies for a ballot paper in the name of another person, or of a fictitious person;
(b) having voted once at any such election, votes again or applies at the same election for a ballot
paper in his own name;
(c) votes with the knowledge that he is not entitled to vote in that election; or
(d) presents himself as an election official knowing that he is not,
commits the offence of personation, which shall be cognizable.
(2) For the purposes of this section, a person who has applied for a ballot paper for the purpose
of voting shall be deemed to have voted.
Treating -SEC 62
(1) A candidate who corruptly, for the purpose of influencing a voter to vote or refrain from
voting for a particular candidate or for any political party at an election—
(a) before or during an

(i) undertakes or promises to reward a voter to refrain from voting;
(ii) gives, causes to be given to a voter or pays, undertakes or promises to pay wholly or
in part to or for any voter, expenses .
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(b) after an election, gives, provides or pays any expense wholly or in part to or for any particular
voter or any other voter for having voted or refrained from voting as aforesaid,
commits the offence of treating.
(2) A voter who accepts or takes any food, drink, refreshment, provision, any money or
ticket, or adopts other means or devices to enable the procuring of food, drink,
refreshment or provision knowing that it is intended to influence them commits the
offence of treating.
Undue influence -SEC 63
(1) A person who, directly or indirectly in person or through another person on his behalf uses
or threatens to use any force, violence including sexual violence, restraint, or material, physical
or spiritual injury, harmful cultural practices, damage or loss, or any fraudulent device, trick or
deception for the purpose of or on account of—
(a) inducing or compelling a person to vote or not to vote for a particular candidate or political
party at an election;
(b) impeding or preventing the free exercise of the franchise of a voter;
(c) inducing or compelling a person to refrain from becoming a candidate or to withdraw if he has
become a candidate; or
(d) impeding or preventing a person from being nominated as a candidate or from being registered
as a voter,
commits the offence of undue influence, commits an offence.
Bribery- SEC 64.
(1) A candidate who—
(a) directly or indirectly in person or by any other person on his behalf gives, lends or agrees to
give or lend, or offers, promises or promises to procure or to endeavour to procure any money or
valuable consideration to or for any voter, or to or for any person on behalf of any voter or to or
for any other person in order to induce any voter—
(i) to vote or refrain from voting for a particular candidate; commits the offence of bribery.
Use of force or violence during election period-SEC 65
A person who, directly or indirectly in person or by any other person on his behalf, inflicts or
threatens to inflict injury, damage, harm or loss on or against a person—
(a) so as to induce or compel that person to support a particular candidate or political party;
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(b) on account of such person having voted or refrained from voting; or

(c) in order to induce or compel that person to vote in a particular way or refrain from voting,
commits an offence and is liable on conviction to a fine not exceeding one million shillings or to
imprisonment for a term not exceeding five years or to both.
General penalty-SEC 106.

(1) A person who contravenes a provision in this Act for which a penalty has not been provided
for, commits an offence and is liable, on conviction, to a fine not exceeding one million shillings
or to imprisonment for a term not exceeding three years or to both.
(2) An offence under this Act relating to an election shall, with necessary modifications, be an
offence during a referendum.
(3) A person who is convicted of an offence under this Act shall not be eligible for election or
nomination in an election under this Act for a period of five years following the date of
conviction
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PREVENTION OF ORGANISED CRIMES ACT,2010.
Interpretation
“benefit” means money, valuable consideration, office or employment;
“criminal group funds” means—
(a) funds which may be applied or used for the commission of, or in furtherance of or in
connection with, acts of an organised criminal group;
(b) the proceeds of the commission of acts of an organised criminal group or of activities in
furtherance of or in connection with such acts; or
(c) the resources of an organised criminal group;
“monetary instruments” means—
(a) coins and paper currency of Kenya, or of a foreign country, designated as legal tender and
which is customarily used and accepted as a medium of exchange in the country of issue;
(b) travellers’ cheques, personal cheques, bank cheques, money orders, investment securities; or
(c) any other negotiable instruments that are in bearer form, or other form through which title
passes upon delivery;
“organised criminal group” means a structured group of three or more persons, existing for a
period of time and acting in concert with the aim of—
(a) committing one or more serious crimes; or
(b) committing one or more serious crimes IN order to obtain, directly or indirectly, financial or
other material benefit, other advantage for the organized criminal group or any of the members
of organized criminal group, and includes a group declared an organised criminal group under
section 22 of this Act;
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“property” means all monetary instruments and other real or personal property of every
description, including things in action or other incorporeal or heritable property, whether situated
in Kenya or elsewhere, whether tangible or intangible, and includes an interest in any such
property and any such legal document or instruments evidencing title to or interest in such
property;
“public officer” means a public officer as defined under the Public Officers and Ethics Act,
2003 (No. 4 of 2003);
“records” includes—
(a) a photographic record; and
(b) an electronic or magnetic record, and any computer, disk, tape, apparatus or thing in or on
which the record is stored;
“serious crime” means conduct constituting an offence against a provision of any law in Kenya
punishable by a term of imprisonment of at least six months, or an offence against a provision of
any law in a foreign state for conduct which, if it occurred in Kenya, would constitute an offence
against a provision of any law in Kenya; and
“structured group” means a group that is not randomly formed for the immediate commission
of an offence and that does not need to have formally defined roles for its members, continuity of
its membership or a developed structure.
Organised criminal activities-SEC 3
A person engages in organised criminal activity where the person—
(a) is a member or professes to be a member of an organised criminal group;
(b) knowingly advises, causes, encourages or recruits another person to become a member of an
organised criminal group;
(c) acts in concert with other persons in the commission of a serious offence for the purpose of
obtaining material or financial benefit or for any other purpose;
(d) being a member of an organised criminal group, knowingly directs or instructs any person to
commit a serious crime;
(e) threatens to commit or facilitate the commission of any act of violence with the assistance of
an organised criminal group;
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(f) threatens any person with retaliation in any manner in response to any act or alleged act of
violence in connection with organized criminal activity;
(g) being a member of an organised criminal group with intent to extort or gain anything from
any person, kidnaps or attempts to kidnap any person, threatens any person with injury or
detriment of any kind;
(h) provides, receives or invites another to provide or receive instructions or training, for the
purposes of or in connection with organized criminal activity;
(i) possesses an article for a purpose connected with the commission, preparation or instigation
of serious crime involving an organized criminal group;
(j) possesses, collects, makes or transmits a document or records likely to be useful to a person
committing or preparing to commit a serious crime involving an organised criminal group;
(k) provides, receives, or invites another to provide property and intends that the property should
be used for the purposes of an organised criminal group;
(l) uses, causes or permits any other person to use property belonging to an organised criminal
group for the purposes of the activities of an organised criminal group;
(m) knowingly enters into an arrangement whereby the retention or control by or on behalf of
another person of criminal group funds is facilitated;
(n) being a member of an organized criminal group endangers the life of any person or causes
serious damage to the property of any person;
(o) organises, attends or addresses a meeting for the purpose of encouraging support of an
organised criminal group or furthering its activities.
Offence-SEC 4
(1) A person who engages in any organised criminal activity specified in section 3 commits an
offence and shall, upon conviction, be liable to a fine not exceeding five million shillings or to
imprisonment for a term not exceeding fifteen years, or both.
(2) If as a result of the act referred to in section 3(n) a person dies, the member of the organized
criminal group shall on conviction be liable to imprisonment for life.
Other offences
Oathing-SEC 5
(1) A person who—
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(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 belong to an organised criminal group or
engage in an organised criminal activity;
(b) administers an oath or engagement in the nature of an oath purporting to bind the person who
takes it to belong to an organized criminal group or engage in an organised criminal activity;
(c) takes any such oath or engagement in the nature of an oath; or
(d) by use of physical force, or by threat or intimidation of any kind compels another person to
take such oath or engagement in the nature of an oath, commits an offence and shall on
conviction be liable to imprisonment for life.
(2) It shall not be a defence for a person who takes any oath or engagement in the nature of an
oath referred to in subsection (1) to prove that he was compelled to do so unless, within five days
after the taking of such oath or engagement in the nature of an oath, he reported to the police or
any other law enforcement agency.
SEC 20. General penalty
A person who commits an offence under this Act for which no penalty is provided shall, on
conviction, be liable to a fine not exceeding five hundred thousand shillings, or to imprisonment
for a term not exceeding ten years, or both.
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FIREARMS ACT(CAP 114 L.O.K)
“acquire” means hire, accept as a gift or borrow;

“ammunition” means any cartridge, whether a blank, tracer, explosive, incendiary, gas-
diffusing, signalling or any other cartridge of any other kind capable of being discharged from or
used with a firearm and includes—
(a) any grenade, bomb or other missile whether explosive or not and whether or not capable of or
intended for use with a firearm;
(b) any mine whether for use on land or at sea, depth-charge or other explosive charge;
(c) any other container or thing designed or adapted for use in or as weapon for the discharge of
any noxious liquid, gas or other substance;
(d) any projectile, powder or other charge, primer, fuse or bursting charge forming part of any
cartridge or any component part thereof; and
(e) any ammunition or pellets for use in an airgun, air rifle or air pistol;
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“approved carrier” means a carrier approved by the Commissioner of Police;

cartridge” means any case, capsule, shell, pellet or bag of metal, pasteboard or other material,
holding a complete charge for a firearm and including in the case of any firearm fired from the
shoulder or of any pistol or revolver the projectile discharged therefrom;
“firearm” means a lethal barrelled weapon of any description from which any shot, bullet or
other missile can be discharged or which can be adapted for the discharge of any shot, bullet or
other missile and includes—
(a) a weapon of any description designed or intended to discharge—
(i) any noxious liquid, noxious gas or other noxious substance; or
(ii) an electrical charge which when it strikes any person or animal is of sufficient
strength to stun and temporarily disable the person or animal struck (such weapon being
commonly known as a “stun gun” or “electronic paralyser”);
(b) any airgun, air rifle, air pistol, revolver, crossbow, laser gun or any other similar weapon;
(c) the barrel, bolt, chamber, silencer, muffler, flash-guard or any other accessory designed or
adapted to diminish the noise or flash caused by firing a weapon and also other essential
component part of any weapon; and
(d) any weapon or other device or apparatus which may be specified by the Minister by order
published in the Gazette to be a firearm for the purposes of this Act;
“firearm certificate” means a firearm certificate granted under section 5;
“firearms dealer” means a person who, by way of trade or business, sells, transfers, repairs,
tests or proves firearms or ammunition;
“lethal weapon” means a weapon capable of causing death, injury, maiming or any other bodily
harm whether or not the weapon is barrelled from which any shot, bolt, bullet, ray, beam,
warhead, grenade, gas, liquid or other noxious substance or any other missile can be discharged
and includes any prohibited weapon whether or not the same is a lethal weapon;
“licensing officer” means the chief licensing officer, and every licensing officer, appointed
under section 3;
“prohibited weapon” means—
(a) a firearm which is so designed or adapted that—
(i) when pressure is applied to the trigger missiles continue to be discharged until such pressure
is removed or the magazine or belt containing the missiles is empty; or
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(ii) for each pressure of the trigger more than one discharge of a missile can take place,
unless such firearm has been modified to the satisfaction of the chief licensing officer so as to
ensure that for each pressure of the trigger the discharge of only one missile can take place;
(b) any automatic or semi-automatic self-loading military assault rifle of 7.62 mm or 5.56 mm
calibre or of any other calibre from time to time specified by the Minister by notice in the
Gazette;
(c) a firearm fitted with or including any device, accessory or attachment which reduces or is
designed or adapted to reduce the noise or flash caused by discharging such firearm and includes
any such separate device, accessory or attachment;
(d) any weapon which can be or is designed or adapted to discharge any noxious liquid, gas or
other substance unless such weapon, noxious liquid, gas or other substance are of classes or
types authorized by the Minister by notice in the Gazette; and
(e) any firearm or ammunition prescribed or any class or type of firearm or ammunition or any
such device, accessory or attachment as is referred to in paragraph (c) prescribed by the Minister
by notice in the Gazette;
“slaughtering instrument” means a firearm which is specially designed or adapted for the
instantaneous slaughter of animals or for the instantaneous stunning of animals with a view to
slaughtering them;
SEC 5. Grant of firearm certificates
The following categories of persons shall not be granted a firearm certificate
-A person whom the licensing officer has reason to believe to be prohibited by this act from
possessing a firearm.
-Intemperate habits
-person of unsound mind
-For any reason unfit to be entrusted with such firearm.
-Has not satisfied a licensing officer that he will at all times keep the firearm securely and in safe
custody and in a safe conditions.
SEC 7. Persons Exempted from holding a firearm certificate

- A police officer .
-A person carrying on the business of a firearms dealer .
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-A person carrying on the business of an auctioneer, an approved carrier.

-A person in his possession of a slaughtering instrument if employed in abattoir.
-The proprietor of an abattoir .
- A person having in his possession a firearm or ammunition on board a ship, or a signalling
apparatus .
- A person carrying a firearm or ammunition belonging to another person holding a firearm
certificate relating thereto may, without himself holding a firearm certificate.
-A member of a rifle club, miniature rifle club or cadet unit .
-Any person may have a firearm in his possession at an athletic or other sporting meeting for the
purpose of starting races at that meeting.
Sec 26A. Unlawful use, etc., of firearms by public officers

(1) Any public officer who—
(a) uses any Government firearm which is in his possession or under his control for any unlawful
purposes; or
(b) disposes of any Government firearm or ammunition to any person
who is not under his immediate command without lawful authority; or
(c) receives otherwise than in the course of and for his lawful duty from any person any
ammunition; or
(d) fails to account fully for all ammunition, issued to and used by him, shall be guilty of an
offence, and liable to imprisonment for a term of not less than seven years and not more than
fifteen years and shall, in addition, be automatically dismissed from the public service.
THE NATIONAL COHESION AND INTEGRATION ACT,2008.
“Commission” means the National Cohesion and Integration Commission established by section
15;
“discrimination” means discrimination as defined under sections 3 and 4 of this Act;
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“ethnic relations” include racial, religious, tribal and cultural interactions between various
communities,
and the words “ethnic” and “ethnicity” shall be construed accordingly;
“ethnic group” means a group of person defined by reference to colour, race, religion, or ethnic
or national origins, and references to a person’s ethnic group refers to any ethnic group to which
the person belongs.
“ethnic grounds” means any of the following grounds, namely colour, race, religion, nationality
or ethnic or national origins;
Offences
Hate speech-SEC 13.

(1) A person who-
(a) uses threatening, abusive or insulting words or behaviour, or displays any written material;
(b) publishes or distributes written material;
(c) presents or directs the performance the public performance of a play;
(d) distributes, shows or plays, a recording of visual images; or
(e) provides, produces or directs a programme; which is threatening, abusive or insulting or
involves the use of threatening, abusive or insulting words or behavior commits an offence if
such person intends thereby to stir up ethnic hatred, or having regard to all the circumstances,
ethnic hatred is likely to be stirred up.
(2) Any person who commits an offence under this section shall be liable to a fine not exceeding
one million shillings or to imprisonment for a term not exceeding three years or to both.
(3) In this section, “ethnic hatred” means hatred against a group of persons defined by reference
to colour, race, nationality (including citizenship) or ethnic or national origins.
Offence of ethnic or racial contempt-SEC 62.

(1) Any person who utters words intended to incite feelings of contempt, hatred, hostility,
violence or discrimination against any person, group or community on the basis of ethnicity or
race, commits an offence and shall be liable on conviction to a fine not exceeding one million
shillings, or to imprisonment for a term not exceeding five years, or both.
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(2) A newspaper, radio station or media enterprise that publishes the utterances referred to in
subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding one
million shillings.
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COUNTER TRAFFICKING IN PERSONS ACT,2010.
“Advisory Committee” means the Counter-Trafficking in Persons Advisory Committee

established under section 19;
“Board of Trustees” means the Board of Trustees of the Fund established by section 24;
“child” has the meaning assigned to it in the Children Act, 2001;
“consent” in relation to a person means that the person agrees by choice, and has the freedom
and capacity to make that choice;
“exploitation” includes but is not limited to—
(a) keeping a person in a state of slavery;
(b) subjecting a person to practices similar to slavery;
(c) involuntary servitude;
(d) forcible or fraudulent use of any human being for removal of organs or body parts;
(e) forcible or fraudulent use of any human being to take part in armed conflict;
(f) forced labour;
(g) child labour;
(h) sexual exploitation;
(i) child marriage;
(j) forced marriage.
“forced labour” means the extraction of work or services from any person for the purpose of
exploitation;
“Fund” means the National Assistance Trust Fund for Victims of Trafficking in persons
established by section 22;
“Minister” means the Minister for the time being responsible for matters relating to women and
children;
“organized criminal group” means a structured group of three or more persons, acting in concert
with the aim of committing one or more serious crimes or offences under this Act, in order to
obtain directly or indirectly, a financial or other material benefit;
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“proceeds of crime” means any property derived from or obtained, directly or indirectly, through
the commission of an offence under this Act;
“publish” means to advertise, broadcast or distribute information by any means whatsoever so
that the information is available to the public or any section thereof;
“slavery” is the status or condition of a person over whom any or all of the powers attaching to
the right of ownership are exercised;
“trafficking for sexual exploitation” means trafficking—
(a) with the intention of doing anything to or in respect of a particular person during or after a
journey within Kenya or in any part of the world, which if done will involve the commission of
an offence under the Sexual Offences Act, 2006; or
(b) in the belief that another person is likely to do something to or in respect of the person
trafficked, during or after the journey in any part of the world, which if done will involve the
commission of an offence under the Sexual Offences Act, 2006;
“trafficking in persons” has the meaning assigned to it by section 3;

“victim of trafficking in persons” includes a person who is being or has been trafficked as
defined in section 3.
Offences
Trafficking in persons-SEC 3.
(1) A person commits the offence of trafficking in persons when the person recruits, transports,
transfers, harbours or receives another person for the purpose of exploitation by means of—
(a) threat or use of force or other forms of coercion;

(b) abduction;
(c) fraud;
(d) deception;
(e) abuse of power or of position of vulnerability;
(f) giving payments or benefits to obtain the consent of the victim of trafficking in persons; or
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(g) giving or receiving payments or benefits to obtain the consent of a person having control over
another person.
(2) The consent of a victim of trafficking in persons to the intended exploitation shall not be
relevant where any of the means set out in subsection (1) have been used.
(3) The recruitment, transportation, transfer, harbouring or receipt of a child for the purposes of
exploitation shall be considered “trafficking in persons” even if this does not involve any of the
means set out in subsection (1) of this Act.
(4) An act of trafficking in persons may be committed internally within the borders of Kenya or
internationally across the borders of Kenya.
(5) A person who trafficks another person, for the purpose of exploitation, commits an offence
and is liable to imprisonment for a term of not less than thirty years or to a fine of not less than
thirty million shillings or
to both and upon subsequent conviction, to imprisonment for life.
Acts that promote child trafficking-Sec 4.

(1) A person who for the purpose of trafficking in persons —
(a) adopts a child or offers a child for adoption;
(b) fosters a child or offers a child for fostering; or
(c) offers guardianship to a child or offers a child for guardianship commits an offence.
(2) A person who initiates or attempts to initiate adoption, fostering or guardianship proceedings
for the purpose of subsection (1) commits an offence.
(3) A person who commits an offence under this section is liable to imprisonment for a term of
not less than thirty years or to a fine of not less than twenty million shillings or to both and upon
subsequent conviction, to imprisonment for life.
Promotion of trafficking in persons-SEC 5.

A person who—
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(a) knowingly leases, or being the occupier thereof, permits to be used any house, building, or
other premises for the purpose of promoting trafficking in persons;
(b) publishes, exports or imports, any material for purposes of promoting trafficking in
persons; or
(c) manages, runs or finances any job recruitment agency for the purposes of promoting
trafficking in persons;
(d) by any other means promotes trafficking in persons,commits an offence and is liable to
imprisonment for a term of not less than twenty years or to a fine of not less than twenty million
shillings or to both and upon subsequent conviction, to imprisonment for life.
Acquisition of travel documents by fraud or misrepresentation-SEC 6.

A person who misrepresents any fact for purposes of facilitating the acquisition of travel
documents or fraudulently obtains any document from Government agencies, in order to assist in
the commission of an offence of trafficking in persons commits an offence and is liable to
imprisonment for a term of not less than ten years or to a fine of not less than ten million
shillings or to both and upon subsequent conviction, to imprisonment for a term of not less than
ten years without the option of a fine.
Facilitating entry into or exit out of the country-SEC 7.

A person who facilitates, aids or abets the exit or entry of persons from or to the country at
international and local airports, territorial boundaries and seaports for the purpose of promoting
trafficking in persons commits an offence and is liable to imprisonment for a term of not less
than thirty years or to a fine of not less than thirty million shillings or to both and upon
subsequent conviction, to imprisonment for a term of not less than thirty years without the option
of a fine.
A person who finances, controls, aids or abets the commission of an offence under subsection
(1) shall be liable to imprisonment for a term of not less than thirty years or to a fine of not less
than thirty million shillings or to both and upon subsequent conviction, to imprisonment for life.
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Victim immunity from prosecution-SEC 14.

Notwithstanding the provisions of any other law, a victim of trafficking in persons shall not be
criminally liable for any offence related to being in Kenya illegally or for any criminal act that
was a direct result of being trafficked.
Support and protection of victims of trafficking in persons-SEC 15.
(1) The Minister shall in consultation with the Advisory Committee formulate plans for the
provision of appropriate services for victims of trafficking in persons and children accompanying
the victims, including—
(a) return to and from Kenya;
(b) resettlement;
(c) re-integration;
(d) appropriate shelter and other basic needs;
(e) psychosocial support;
(f) appropriate medical assistance;
(g) legal assistance or legal information, including information on the relevant judicial and
administrative proceedings; or
(h) any other necessary assistance that a victim may require.
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ANTI-CORRUPTION AND ECONOMIC CRIMES ACT,2003.
Interpretation
(1) In this Act, unless the context otherwise requires—
“Advisory Board” means the Kenya Anti-Corruption Advisory Board established under Part III;
“Commission” means the Ethics and Anti-Corruption Commission established under section 3
of the Ethics and Anti-Corruption Commission Act, 2011 (No. 22 of 2011), pursuant to Article
79 of the Constitution;
“corruption” means—
(a) an offence under any of the provisions of sections 39 to 44, 46 and 47;
(b) bribery;
(c) fraud;
(d) embezzlement or misappropriation of public funds;
(e) abuse of office;
(f) breach of trust; or
(g) an offence involving dishonesty—
(i) in connection with any tax, rate or impost levied under any Act; or
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(ii) under any written law relating to the elections of persons to public office;
“Director” means the Director of the Commission;
“economic crime” means—
(a) an offence under section 45; or
(b) an offence involving dishonesty under any written law providing for the maintenance or
protection of the public revenue;
“investigator” means a person authorized by the Director under section 23 to conduct an
investigation on behalf of the Commission;
“private body” means any person or organisation not being a public body and includes a
voluntary organisation, charitable organisation, company, partnership, club and any other body
or organisation howsoever constituted;
“public body” means—
(a) the Government, including Cabinet, or any department, service or undertaking of the
Government;
(b) the National Assembly or the Parliamentary Service;
(c) a local authority;
(d) any corporation, council, board, committee or other body which has power to act under and
for the purposes of any written law relating to local government, public health or undertakings of
public utility or otherwise to administer funds belonging to or granted by the Government or
money raised by rates, taxes or charges in pursuance of any such law; or
(e) a corporation, the whole or a controlling majority of the shares of which are owned by a
person or entity that is a public body by virtue of any of the preceding paragraphs of this
definition;
“public officer” means an officer, employee or member of a public body, including one that is
unpaid, part-time or temporary;
“unexplained assets” means assets of a person—
(a) acquired at or around the time the person was reasonably suspected of corruption or
economic crime; and
(b) whose value is disproportionate to his known sources of income at or around that time and
for which there is no satisfactory explanation.
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Meaning of “agent” and “principal”-sec 38

“agent” means a person who, in any capacity, and whether in the public or private sector, is
employed by or acts for or on behalf of another person;
“principal” means a person, whether in the public or private sector, who employs an agent or for
whom or on whose behalf an agent acts.
Offences
Bribery involving agents-SEC 39
(1) This section applies with respect to a benefit that is an inducement or reward for, or otherwise
on account of, an agent—
(a) doing or not doing something in relation to the affairs or business of the agent’s principal; or
(b) showing or not showing favour or disfavour to anything, including to any person or proposal,
in relation to the affairs or business of the agent’s principal.
(2) For the purposes of subsection (1)(b), a benefit, the receipt or expectation of which would
tend to influence an agent to show favour or disfavour, shall be deemed to be an inducement or
reward for showing such favour or disfavour.
(3) A person is guilty of an offence if the person—
(a) corruptly receives or solicits, or corruptly agrees to receive or solicit, a benefit to which this
section applies; or
(b) corruptly gives or offers, or corruptly agrees to give or offer, a benefit to which this section
applies. [Act No. 7 of 2007, Sch.]
Secret inducements for advice-SEC 40
(1) This section applies with respect to a benefit that is an inducement or reward for, or otherwise
on account of, the giving of advice to a person.
(a) receives or solicits, or agrees to receive or solicit, a benefit to which this section applies if the
person intends the benefit to be a secret from the person being advised; or
(b) gives or offers, or agrees to give or offer, a benefit to which this section applies if the person
intends the benefit to be a secret from the person being advised.
(3) In this section, “giving advice” includes giving information.
Deceiving principal-SEC 41
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(1) An agent who, to the detriment of his principal, makes a statement to his principal that he
knows is false or misleading in any material respect is guilty of an offence.
Conflicts of interest-SEC 42
(1) If an agent has a direct or indirect private interest in a decision that his principal is to make
the agent is guilty of an offence if—
(a) the agent knows or has reason to believe that the principal is unaware of the interest and the
agent fails to disclose the interest; and
(b) the agent votes or participates in the proceedings of his principal in relation to the decision.
(2) A private body may authorize its agent to vote or participate in the proceedings of the private
body and the voting or participation of an agent as so authorized is not a contravention of
subsection (1).
(3) An agent of a public body who knowingly acquires or holds, directly or indirectly, a private
interest in any contract, agreement or investment emanating from or connected with the public
body is guilty of an offence.
(4) Subsection (3) does not apply with respect to an employment contract of the agent, or a
related or similar contract or agreement or to any prescribed contract, agreement or investment.
Improper benefits to trustees for appointments-SEC 43
(1) This section applies with respect to a benefit that is an inducement or reward for the
appointment of a person as a trustee of property or for joining or assisting in such an
appointment.
(2) Subject to subsection (3), a person is guilty of an offence if the person—
(a) receives or solicits, or agrees to receive or solicit, from a trustee of property a benefit to
which this section applies; or
(b) gives or offers, or agrees to give or offer, to a trustee of property a benefit to which this
section applies.
(3) Subsection (2) does not apply to anything done with the informed consent
of every person beneficially entitled to the property or in accordance with an order of a court.
(4) In this section, “trustee of property” includes—
(a) an executor or administrator appointed to deal with the property;
(b) a person who, under a power of attorney or a power of appointment, has authority over the
property; and
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(c) a person or a member of a committee managing or administering, or appointed or employed

to manage or administer, the property
Bid rigging, etc-SEC 44
(1) This section applies with respect to a benefit that is an inducement or
reward for—
(a) refraining from submitting a tender, proposal, quotation or bid;
(b) withdrawing or changing a tender, proposal, quotation or bid; or
(c) submitting a tender, proposal, quotation or bid with a specified price or with any specified
inclusions or exclusions.
(a) receives or solicits or agrees to receive or solicit a benefit to which this section applies; or
(b) gives or offers or agrees to give or offer a benefit to which this section applies.
Protection of public property and revenue, etc-SEC 45
(1) A person is guilty of an offence if the person fraudulently or otherwise unlawfully—
(a) acquires public property or a public service or benefit;
(b) mortgages, charges or disposes of any public property;
(c) damages public property, including causing a computer or any other electronic machinery to
perform any function that directly or indirectly results in a loss or adversely affects any public
revenue or service; or
(d) fails to pay any taxes or any fees, levies or charges payable to any public body or effects or
obtains any exemption, remission, reduction or abatement from payment of any such taxes, fees,
levies or charges.
(2) An officer or person whose functions concern the administration, custody, management,
receipt or use of any part of the public revenue or public property is guilty of an offence if the
person—
(a) fraudulently makes payment or excessive payment from public revenues for—
(i) sub-standard or defective goods;
(ii) goods not supplied or not supplied in full; or
(iii) services not rendered or not adequately rendered,
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(b) wilfully or carelessly fails to comply with any law or applicable procedures and guidelines
relating to the procurement, allocation, sale or disposal of property, tendering of contracts,
management of funds or incurring of expenditures; or
(c) engages in a project without prior planning.
(3) In this section, “public property” means real or personal property, including money, of a
public body or under the control of, or consigned or due to, a public body.
Abuse of office-SEC 46
A person who uses his office to improperly confer a benefit on himself or anyone else is guilty of
an offence.
Dealing with suspect property-SEC 47
(1) A person who deals with property that he believes or has reason to believe was acquired in
the course of or as a result of corrupt conduct is guilty of an offence.
(2) For the purposes of this section, a person deals with property if the person—
(a) holds, receives, conceals or uses the property or causes the property to be used; or
(b) enters into a transaction in relation to the property or causes such a transaction to be entered
into.
(3) In this section, “corrupt conduct” means—
(a) conduct constituting corruption or economic crime; or
(b) conduct that took place before this Act came into operation and which—
(i) at the time, constituted an offence; and
(ii) if it had taken place after this Act came into operation, would have constituted
corruption or economic crime.
Attempts, conspiracies, etc-SEC 47A
(1) A person who attempts to commit an offence involving corruption or an economic crime is
guilty of an offence.
(2) For the purposes of this section, a person attempts to commit an offence of corruption or an
economic crime if the person, with the intention of committing the offence, does or omits to do
something designed to its fulfilment but does not fulfil the intention to such an extent as to
commit the offence.
(3) A person who conspires with another to commit an offence of corruption or economic crimes
is guilty of an offence.
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(4) A person who incites another to do any act or make any omission of such a nature that, if that
act were done or the omission were made, an offence of corruption or an economic crime would
thereby be committed, is guilty of an offence.
Penalty -SEC 48
(1) A person convicted of an offence under this Part shall be liable to—
(a) a fine not exceeding one million shillings, or to imprisonment for a term not exceeding ten
years, or to both; and
(b) an additional mandatory fine if, as a result of the conduct that constituted the offence, the
person received a quantifiable benefit or any other person suffered a quantifiable loss.
(2) The mandatory fine referred to in subsection (1)(b) shall be determined as follows—
(a) the mandatory fine shall be equal to two times the amount of the benefit or loss described in
subsection (1)(b); if the conduct that constituted the offence resulted in both a benefit and loss
described in subsection (1)(b), the mandatory fine shall be equal to two times the sum of the
amount of the benefit and the amount of the loss.
75

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CD&E-KPC

NATIONAL POLICE SERVICE ACT, 2011

(1) In this Act unless the context otherwise provides—

“Deputy Inspector-General” means the Deputy Inspector-General appointed in accordance

Sec 24.Functions of the Kenya Police Service

(h) rendering of support to Government agencies in the enforcement of administrative functions

Sec 35. Functions of the Directorate

(d) detect and prevent crime;

POWERS OF A POLICE OFFICER

Sec 52. Power to compel attendance of witnesses at police station

Sec 55. Power to take photographs, fingerprints and forensic evidence

Conditions as to the use of firearms

OTHER IMPORTANT AREAS

SEC 63. Custody of unclaimed property

Sec 71. Police officers prohibited from taking other employment

SEXUAL OFFENCES ACT,2006

“intermediary” means a person authorized by a court, on account of his or her expertise or

Attempts to procure abortion-SEC 158 PC.

Unnatural offences-SEC 162 PC

Any person who -

“authorised officer” means a police officer, an administrative officer, a children’s officer, an

“child abuse” includes physical, sexual, psychological and mental injury;

SEC 8. Right to religious education

SEC 15. Protection from sexual exploitation

(c) who has no parent or the parent has been imprisoned; or

THE PUBLIC OFFICER ETHICS ACT,2003.

(f) a public university;

Specific Codes Of Conduct And Ethics

General Code Of Conduct And Ethics

Improper enrichment -SEC 11

Conflict of interest -SEC 12.

(a) making a request or exerting pressure for sexual activity or favours;

Offences –SEC 32.

Disciplinary action- SEC 36

PUBLIC ORDER ACT

“excluded meeting” means—

Procedure of licencing Public meetings and Processions.

Offences by corporations, societies, etc-SEC 18.

Offences to be cognizable; and consent of Attorney- General-SEC 19.

WITNESS PROTECTION ACT,2006.

“witness” has the meaning ascribed to that expression by section 3;

Inclusion in witness protection programme

(c) a public prosecutor; or

ALCOHOLIC DRINKS CONTROL ACT,2010.

(c) any other documentation as the Minister may prescribe.

SEC 62. General penalty

“candidate” means a person contesting for an elective post;

“independent candidate” means a candidate for presidential, parliamentary or county elections

(1) A person, who at an election—

(a) before or during an

(b) on account of such person having voted or refrained from voting; or

General penalty-SEC 106.

PREVENTION OF ORGANISED CRIMES ACT,2010.

FIREARMS ACT(CAP 114 L.O.K)

“acquire” means hire, accept as a gift or borrow;

“approved carrier” means a carrier approved by the Commissioner of Police;

SEC 7. Persons Exempted from holding a firearm certificate

-A person carrying on the business of an auctioneer, an approved carrier.

Sec 26A. Unlawful use, etc., of firearms by public officers

THE NATIONAL COHESION AND INTEGRATION ACT,2008.

Hate speech-SEC 13.

Offence of ethnic or racial contempt-SEC 62.

COUNTER TRAFFICKING IN PERSONS ACT,2010.

“Advisory Committee” means the Counter-Trafficking in Persons Advisory Committee