1 - FIRE ARMS ACT.

Authority cap, 114 l.. o.k.

Act for regulating, licensing and controlling the manufacture, importation, exportation, transportation, sale,
repair, storage and possession of firearms and ammunition, air guns and destructive devices.

INTERPRETATION
“Acquiring,” means hiring, accepting as a gift or borrowing.
“Ammunition”- means any cartridge, whether blank, tracer, explosive, incendiary gas-defusing, 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 a weapon for the discharge of
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 air gun, air rifle or air pistol.

“Firearm”- means an lethal barreled 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) An 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 ‘stun gun’ or electric paralyses]

b) Any air gun or air rifle, air pistol, revolver, crossbow, laser gun or other similar weapon.
c) Any firearm or ammunition prescribed or any class or type of firearm or ammunition or any such
device accessory or attachment as in (c) prescribed by the minister by notice in the Gazette.

“Firearms dealer”-means who by way of trade or business, sells, transfers, repairs, tests or proves firearms
or ammunition.

“Slaughtering instrument”- means a firearm, which is specially designed or adapted for the instrumenteous
slaughter of animals or for the instrumentous stunning, of animals with a view to slaughtering them.
“Transferring”-includes letting on hire, giving, lending and parting with possession.

“Approved carrier”-means a carrier approved by the commissioner of police.

APPOINTMENT OF LICENSING OFICERS- SECTION 3

The commissioner of police shall, by notice in the gazette, appoint an chief licensing officer to perform the
duties and exercise the powers imposed and conferred by this act and may appoint any number of the chief
licensing officer.

PURCHASING FIREARMS, AMMUNITION WITHOUT FIREARM CERTIFICATE

SECTION 4
No person shall purchase, or have in his possession any firearm or ammunition unless he holds a firearm
certificate in force at the time.
If any person-
(a) Purchases, acquired or has in his possession any firearm or ammunition without holding an
firearm certificate in force at that time, or otherwise than ammunition, in quantities in
excess of those so authorized or
 (b) Fails to comply with any condition subject to which he holds a firearm certificate, he shall
subject to the provisions of this act, be guilty of an offence.
Any person who is convicted of an offence under the above subjection shall; -
a) If the firearm concerned is an prohibited weapon of an type specified in paragraph (B) of the
definition of that term contained into the definition or the ammunition is ammunition for use in
any such firearm be liable to imprisonment for an term not exceeding fifteen years, or
b) If the firearm is any other type or the ammunition for any weapon not being an prohibited weapon,
be liable to an fine not exceeding ten years or both, provided that when the offence for which the
person is convicted (not being an offence in relation to an prohibited weapon or to any
ammunition therefore) is failure by neglect to renew an firearm s certificate such person shall be
liable to pay an fine at the rate of two hundred shillings pre day for everyday or part thereof during
which his default continues, and if such fine not paid, then to imprisonment for an term not
exceeding two years.

GRANT OF FIREARM CERTIFICATES – SECTION 5

The application for an firearm certificate shall be made in the prescribed form and the licensing officer shall
grant the certificate if he is satisfied that the applicant has an good reason for purchasing, acquiring or having
in possession the firearm or ammunition in respect of which the application is made.

FIREARM CETIFICATE SHALL NOT BE GRANTED TO

a] Persons who are prohibited by or under this act from possessing a firearm;
[I]Young person
[ii] Persons convicted of an offence under this act
[iii] Persons convicted of an offence and sentenced to imprisonment or detention.

[b] Persons of intemperate habits;

[c] Persons of unsound mind
[c] Persons who are for any reason unfit to be and trusted with such firearm.
[e] Persons who have not satisfied the licensing officer that they will at all times keep the firearm securely and
in safe custody.

DURATION OF A FIREARM CERTIFICATE

A firearm certificate shall, unless previously revoked or cancelled, continue in force for one year from the
date when it was granted or last renewed. A licensing officer shall renew it for a further period of one year.

It is an offence for any person to make a false statement for the purpose of procuring, whether for himself or
any other person, the grant of a firearm certificate.

JOINT POSSESSION- [CASE LAW]

[K] MAINA S/KIMANI V. REP. [1955] 22EACA362
Accused was convicted of being in unlawful possession of a firearm. He admitted that he was in company
with a man who he knew to be carrying a pistol that produced and fired it.

HELD: Accused was in joint possession of the pistol.

JOINT POSSESSION- (CASE LAW)

(K) KIMANIS/O MUHINDI AND OTHERS V. REP. 22EACA 472

Accused was convicted of unlawful possession of ammunition. They had emerged from a hideout and one of
them had some rounds of ammunition in his pockets.

HELD: Where persons are found together in an confined space the presence of an few small objects such
as 0.303 ammunition found in the pockets of one of them, is most necessarily known to others so as to make
in joint possession thereof.

EXCEMPTIONS FROM HOLDING A FIREARM CERTIFICATE-SECTION (7)

The following persons are exempted holding a firearm certificate: -

a) A police officer or other public officer may:
b) Without an firearm certificate or temporary permit have in his possession and use
government firearm or government ammunition, if the firearm or ammunition is issued
for the purposes of his duty as such officer ceasing to be an member of the police force
 or otherwise in the public service, he shall forthwith deliver up any such firearm or
ammunition to the proper officer of the government:
c) With an firearm certificate but without payment of any fee, have in his possession and
use an firearm or ammunition lawfully or ammunition lawfully purchased or acquired by
him for the purposes of his duty except that upon ceasing to be an member of the police
force or in the public service, the exception from payment of any fee shall cease and the
prescribed fee shall become payable in relation to such firearm or ammunition.
(a) A firearms dealer or an approved servant, in the ordinary course of business,
(b) Auctioneer or approved carrier or servant of a licensed bank in the ordinary course of business.
(c) The holder of an slaughtering instrument and ammunition in any abattoir if employed in that
abattoir;
(d) Proprietor of an abattoir or an person employed by him to take charge of slaughtering instruments
and ammunition for safe custody at that abattoir;
(e) A person in charge of signalling apparatus or ammunition in any aircraft, ship or aerodrome. But
such a person shall require a permit from a police officer of or above the rank Ag.Sp when
transferring the apparatus from one vessel to another.
(f) A person carrying an firearm or ammunition belonging to an licensed firearm holder for the use of
that other person for the sporting purpose only;
(g) A member of the rifle club, miniature rifle club or cadet unit approved by the minister;
(h) A person who possesses an miniature rifle not exceeding 0.22 calibre rifle range on an shooting
gallery;
(i) A person in possession of an firearm at an athletic or other sporting member for the purpose of
starting races at that meeting;
(j) A holder of a permit issued by a licensing officer on certain terms and which shall not exceed a
period of 3 months. Such permit will not be issued unless he is satisfied that such person would, on
application, be granted a firearm certificate.

FIREARM CERTIFICATE – (CASE LAW)

(K) MOHAMMED ISMAEL V. REP. (19550 22 EACA 461
While in law it is necessary where an accused person is charged with possession of a firearm without a valid
certificate for the state to call any evidence to establish than he has no such certificate, nevertheless, as a
matter of practice, the state should adduce some direct evidence on the point.

PROHIBITIONOF MANUFACTURE OF FIREARMS AND AMMUNITION- SEC. 9

No person shall manufacture any firearm or ambition saved on behalf of the government and at a place
establishes or design for that purpose.

Manufacture does not include repair or anything that has the appearance of a firearm but is so
constructed as to be incapable of discharging any missile through the barrel of the alteration or
substitution or replacement of any component apart.

It is an offence to manufacture a firearm or ammunition except as provided above.

MANUFACTURE- (CASE LAW)

GANGI V. REP. EALR (1962) P. 781.
The appellant was convicted under section 9 of the firearm act of manufacturing a firearm. It was proved
that an saw, two chisels and other tools and metal were found in the appellant’s house and that, outside
the house the police found an piece or woods which had been worked on so as to form an crude gun
stock and iron pipe which had also been worked on.

The evidence showed that cuts on the wood had been made by one of the chisels found in the appellant’s
house, and that the wood had been worked upon so that the bolt found in the wood and the pipe had
been in the process of manufacture to fit each other and together form an firearm, but the fitting was not
completed and in other respects the work had not proceeded to the extent that an firearm was actually
made.
The magistrate considered that a thing could not be called a component part of a firearm until capable of
assembly but convicted the appellant of manufacturing a firearm and firearm because was satisfied that
the appellant was in the process of manufacturing a firearm.

HELD: When the process of manufacturing a firearm is incomplete, so that no actual firearm has been
created, a firearm has not been manufactured since the work is incomplete and no firearm has been
manufactured since the work is incomplete and no firearm has been produced, accordingly, the
conviction of manufacturing a firearm could not be sustained.
 The evidence established an attempt to manufacture a firearm and the conviction should be altered to
attempting to manufacture a firearm.

PRODUCTION OFA FIREARM CERTIFICATE OR PERMIT- SECTION 10

Any police officer, custom’s officer or an licensing officer may demand from any person whom he
believes to be in possession of a firearm or ammunition, the production of any firearm certificate or any
permit at such place and to such place and to such officer as he may specify. The demand may be oral or
in writing.
Failure to produce the certificate or permit will render the officer to seize and detain the firearm or
ammunition. The officer may require that person to declare him immediately his name and address.
It shall be an offence for any person to failing to comply with the above.

PRODUCTION OF AND ACCOUNTING FOR FIREARMS AND AMMUNITION SEC. 11

Any police officer, customs officer or licensing officer may demand from any person who owns an
firearm certificate or ammunition to which it relates at such place and to such officer as may be specified.
The same officers may demand for an account of the whereabouts of a firearm or ammunition from any
person who has held a certificate within the last proceeding five years.

a) The barrel, bolt, chamber, silencer, muffler, flash-guard or any other accessory designed
or adapted to diminish the noise or flash caused by firing an weapon and also any other
essential component part of any weapon; and
b) Any person or other device or Apparatus, which may be specified by the Minister by
order, published in the gazette to be a firearm for the purpose of this act.

“Firearms dealer”- means any person who by way of trade or business, sells, transfers, repairs, and tests
or proves firearms or ammunition.

“Cartridges”- means any case, capsule, pellet, shell or bag of material, holding an complete charge for an
firearm and including in the case of any firearm fired from the shoulder or of any pistol or revolver the
projectile discharged there from;

“Air guns”- air rifle and air pistol – means an 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 gas/substance or any other missile can new discharged and
includes any prohibited weapon whether or not the same is an lethal weapon;
1. “Prohibited weapon” –means an firearm which is so designed or adopted that;
a) 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
b) For each pressure of the trigger more than one discharge of an missile can tae place,
unless such firearm has been modified to the satisfactory of the chief licensing officer so
as to ensure that for each pressure of the pressure the discharge of only one missile can
take place;

Any automatic or semi-automatic self loading military assault rifle of 7.62 mm or 5.56mm calibre or of
any other calibre from time to time specified by the minister by notice in the gazette;

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 such separate
devise, accessory or attachment;
*Any weapon which can be or is designed *

DEALING IN FIREARMS WITHOUT BEING REGISTERED –SEC. 12

No person shall by way of trade or business;
a) Sell, transfer, Repair, test or prove
b) Explosive for sale or transfer, or have in his possession for sale or transfer, or have in
his possession for sale or transfer, repair, test or prove, any firearm or ammunition,
unless he is registered as a fire arms dealers.
REGISTERED OF PLACES OF BUSINESS OF FIREARMS DEALERS – SEC.15.
Dealers with places of registration of business of firearm dealers. It shall be an offence under the section
for any person being a registered firearms dealer has a place of business, which is not entered on the
register, and he carries on business as a firearm dealer in a place.
 It shall be an officer to make false statement for the purpose of producing the purpose of procuring the
entry of any place of business in the register of firearms dealer

COVERTING IMITATION FIREARMS AND AMMUNITION –SEC 16

No person shall sell or transfer to any other person in Kenya, other than a registered firearms dealer, any
firearms or ammunition unless that other person produces firearms certificate authorizing him to
purchase or acquire it.

CONVERTING IMITATION FIREARMS –SEC 21

No person other than a registered firearm dealer shall convert into firearm anything, which, thought having
the appearance of being firearm is so constructed as to be incapable of discharging any missile through the
barrel.

LOSS OF FIREARM OR AMMUNITION TO BE REPORTED –SEC 22

Any person having possession of firearm or ammunition shall if such firearm or ammunition is lost
stolen or destroyed, make an report as soon as possible to the officer in charge of the nearest police
station, failure to which is an offence.

PROHIBITED WEAPONS AND AMMUNITIONS –SEC 26

It shall not be lawful for any person to sell transfer, purchase, acquire or have in his possession;
A (1) Any firearm which is so designed or adapted that if pressure is applied to the trigger missiles to be
discharged until the pressure is removed or until the magazine containing the missiles is empty; or
(11) Any prohibited weapon of type specified in paragraph
B Any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas
or similar thing or of any electrical charge or
c) Any ammunition containing or designed or adapted to contain any such noxious
gas/thing or
d) Any firearm or ammunition specified, or of an class or type specified, by the minister by
notice in the gazette; or
e) Any accessory or attachment of any kind specified by the minister by the notice in the
Gazette, which is designed for use with or as part of a firearm.
Other than an person in the public service of the government acting in his capacity as such and
authorized in writing in that behalf by the minister or an person of an class for the time being authorized
in the minister by notice in the Gazette.

UNLAWFUL USE OF FIREARMS BY PUBLIC OFFICERS SEC –26A.

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 any government firearm or ammunition to any person who is not under his immediate
command without lawful authority; or
c. Receive otherwise than in the cause 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 not exceeding 10 years and shall in addition, be
automatically be dismissed from the public service and forfeit all rights and to any pension,
gratuity or other payment which may at the date of his conviction have accrued due to him.
Any person who supplies by sale, gift, loan or otherwise to public officer any government or other firearm or
any ammunition shall be guilty of an offence and liable for imprisonment for an term not exceeding 10 years
and shall, in addition, in the case of an public officer be automatically dismissed from the service and forfeit
all rights to any person, gratuity or other payment which may at the date of his conviction have accrued due
to him.
It shall not a defence to charge under this section that the act constituting the offence alleged was carried out
by the accused person upon the orders of any other public officer.

The burden of proving that the purpose for which the firearm was used was a lawful purpose or, as the case
may be, that the disposal of the firearm or ammunition was with lawful authority shall lie upon the person
alleging the same, and in any proceeding under this section it shall not be necessary for the prosecution to
prove the lack of any such purpose or authority

USE AND POSSESSION OF FIREARM OR IMMITATION FIREARMS –SEC 34

If any person makes or attempts to make use of firearm or imitation firearm with intent to commit any
criminal offence he shall be guilty of an offence and liable to imprisonment for term not exceeding fourteen
years, and where any person commits any such offence he shall be liable to the penalty provided for
additional to any penalty which he may be sentenced for that other offences.
Firearm or imitation firearms shall be deemed to be dangerous weapon or instrument for the
purpose of the Criminal Law.
Imitation firearm means anything which has the appearance of being an firearm whether it is capable of
discharging any shot, bullet of other person missile or not.

SEARCH WARRANT -SEC. 37

A court if satisfied by information or oath that there is reasonable ground for suspecting that an offence
under this Act has been is being or is about to be committed may grant an search warrant authorizing an
police officer or other person named; -
• a) To enter at any time any premises name in the warrant if necessary by force to enter and to search
the premises and every person found therein and;
• To seize and detain any firearm or ammunition which he may find on the premises or on any such
person; and
• If the premises are those of an registered firearm dealer to examine any book relating to the business

POWER TO INSPECT PREMISES SEC. 40

Any police officer may atoll reasonable time enter upon any premises and may inspect such premises and
firearms and ammunition, book, account register, and may require any person appearing to in control to
give such information he may require.

OBSTRUCTING A POLICE OFFICER –SEC. 41

Any person who obstructs a police officer in the exercise of any of the power conferred on him under sec. 37
or sec. 40 of this Act or fails to give to such police officer any information, which he is lawfully required to
give, shall be guilty of an offence.

ARREST WITHOUT A WARRANT SEC. 42

A police officer may arrest without a warrant any person who may suspect on reasonable ground of having
committed an offence under this Act.

JURISDICTION SEC. 43
A magistrate holding a subordinate court of the first class shall have power to try any offence under this Act
other than an offence under sec. 34 of this Act.

2- TRANSPORT LICENSING ACT

CAP 404 LAWS OF KENYA

Interpretation.
AUTHORIZED VEHICLES: - Means any vehicle or ship that is duly licensed under any provision of this
Act.
CARRIAGE OF GOODS: - Includes the haulage of goods e.g. the carriage of goods in lorries on the road.
CHAIRMAN: - Means the chairman of the transport licensing Board established under sec.3 of this Act.
DRIVER: - In relation to a trailer means the driver to the motor vehicle drawing the trailer and where a
separate persons acts as a steersman of a motor vehicle includes that person as well and any other person
engaged in driving of a motor vehicle and drive shall be constructed accordingly.
FARE: - Means any sum payable in respect of a journey on a vehicle duly licensed under a road service
license or in case of a ship duly licensed under an inland water transport license.
GOODS: - Includes goods of burden (heavy load) of any description.
GOODS VEHICLE: - Means a motor vehicle constructed or adopted for the carriage o goods or trailer so
constructed or adopted.
PUBLIC INTEREST: - Means the interests and convince of the inhabitants of Kenya as a whole.
SHIP: - Includes every description of vessel used in navigation propelled otherwise than by oars or hand
paddlers and used in navigation however propelled.
OARS: - Poles with flat blade.
LIGHTER: - Flat-bottomed boat used for loading and unloading ships not brought to wharf and for
carrying goods in harbour or river.
Appointment of Members of the Board (T.L.B.)
The president appoints the chairman of the board.
The minister in charge of the transport appoints eight other members, each member to represent a province.
The minister delegates powers to the chairman to appoint two other members if he desires.

Qualities to Membership.
A member should not be insolvent (Bankrupt)
He must not be of unsound mind.
He should not have been convicted of an offence and imprisoned without the option of a fine.
He should not have assigned his estate or made arrangement to do so for the benefit of his creditors.

Disqualification of Membership.
A member shall be disqualified if he contravenes any of the above qualities.
When he fails to attend four consecutive sittings without leave.
NB. When a member has been disqualified the minister will appoint another member. Also the minister
shall appoint another member when a member: -
- Dies.
Resigns.
Vacates office
Absence from Kenya for More Than six Months
The minister shall on request by the chairman in the Kenya Gazette appoint another member as a
substitute to hold the office until that person returns to Kenya.

Quorum.
This will be three members in addition to the chairman. In case the chairman is not present the members
present will vote and elect a temporary chairman from amongst himself or herself to chair the meeting.
Whatever will be chaired will be regarded as having been chaired by the chairman.

Duration Of Office.
The duration of office for the members is three years, but they can be re appointed on expiry of that
duration.
Removals.
A member will be removed from the T.L.B. in case o: -
Incapacity.
Misbehaviour.
Classes of Licenses Issued by Transport Licensing Board.

GOODS CARRIERS LICENSES: -

There are three categories as follows: -
Public Carriers License “A” License
It authorizes the owner to carry goods for hire or reward or
In connection with his business or trade.
It shall also be a condition that the licensee must have a place for storage or a warehouse.
He must carry goods specified and subject to the condition attached.
Limited Carrier License “B” License
This authorizes the owner to carry goods for hire or reward or goods in connection with any business or
trade subject to the condition attached.
Private Carriers License “C” License
It authorizes the owner to carry any goods in condition with any trade to business but not for hire or
reward, other than goods sold or delivered by him under contract of sale whereby a charge is made for
delivery.
It may be granted or renewed by the DC within his own District or elsewhere as may by authorized by the
Chairman.

2. ROADS SERVICE LICENSE.

This license authorizes the licensee to carry both goods and passengers for hire or reward. The license must
be subject to the conditions attached which include: -
They must display a fare table in full view o passengers.
The route of operation must be indicated.
A timetable must be maintained.
Every passenger must be issued with a receipt.
NB. Matatus are not covered under this Law.

3. INLAND WATER LICENSE.

This license authorizes the owner to carry both passengers and goods for hire or reward subject to the
conditions attached e.g.
When operating they cannot go beyond the territorial waters unless with authority from those countries.
Should not attempt to travel in high tide etc.
Procedure on application for Inland water License.
Every person applying for an inland water transport license shall, at the same time as he makes application,
specify to the licensing authority: -
Such details of the ship or ships the subject of such application as the Licensing Authority may require,
including information on the method by which each ship is powered.
The total number of crew, which it is intended that each ship shall carry.
The route or area on or within which, and the places between which, it is proposes that each ship shall
operate.
The maximum number of passengers, or
The maximum volume and tonnage of goods, both, which it is intended that each such ship shall be
permitted to carry at any one time.

4.SHORT TERM LICENSE.

This is a license that authorizes the owner to operate: -
A seasonal business.
Execution of a particular piece o work.
For the purposes of limited duration it is valid for three months and the District Commissioner within the
area of jurisdiction where such license is operational grants it.

Duration of License (Sec.10)

Every license under this Act shall remain in force until 31st December in the year of Issue.

Exclusive License.
It is approved by the Minister and is issued by the Licensing Authority. It authorizes the holder of a public
service vehicle/ship to carry passengers or goods for such periods as may be approved.
Before being issued, the licensing Authority shall by notice in the Kenya Gazette and Local Newspapers
circulate in the area the license is to be used, its intention to grant it and such license shall not be issued until
one month has elapsed after the date of publication.

Discretion of Licensing Authority to Refuse Licenses. (Sec.7).

The Licensing Authority shall have full powers in its discretion either to grant or refuse any applicant as it
deems fit having regard primarily to the public interest, including the interest(s) of persons requiring, as well
as those of such other matters as may be prescribed. And if the operation of such vehicles may pass through
any jurisdiction of any local authority, consult and have regard to the wishes of such council where the vehicle
may stop, and pick passengers enroute within such jurisdiction.
Duration after application is refused by L.A.
Applications after refusal by the L.A. shall not be entertained until after a period of six months.

Appeals.sec.19
Those applicants who are aggrieved by the decision of licensing authority may appeal to the transport
Licensing appeal Tribunal consisting of the chairman appointed by the president and four members
appointed by the minister whose decision shall be final. They hold office as the Minister may deem fit. A
deposit of Kshs.2,000/- will be made by the appellant.

Transfer of Licenses.
Licenses are not transferable without written consent from the licensing authority. The licensing expires as
soon as the holder transfers, sells (otherwise than by way of security for any purpose) or otherwise disposes
of the vehicle or ship or any business of which such license was issued.
Vehicles Exempted From Licensing Under Transport Licensing Act.
Government Vehicles.
Vehicles used for Funerals Services.
Local Council Vehicles.
Vehicles towing disabled motor vehicle to a place of safety not for hire or reward.
Ships property of the government.
Ambulances and fire brigade vehicles.
Vehicles used for transportation of school children.
Vehicles owned by the Armed Forces.
Ships registered under Fishery Industry Act.
Vehicles used by the UN/FAO.
Vehicles the property of the President.
Vehicles under the Dealers General License.
Purely agricultural purposes in a private farm

3 - THE LIQUOR LICENSING ACT

Authority - Chapter 121 law of Kenya

APPLICATION –SECTION 2;
This act shall not apply to-
(a) Sale of liquor for medical purposes
(b) Sale of perfumery
©. Sale of industrial alcohol
(d). Sale of alcohol by an auctioneer in quantities under the wholesale liquor license to an wholesale dealer on
his licensed premises
(e). Sale of liquor forming part of the deceased’s estates
(f). Sale of liquor forming part of bankrupt’s estates
(g). Sale of liquor forming part of companies assets at liquidation
(h). Sale at parliament building with permission of speaker;
(i). Sale of liquor to the members only of any canteen club institute mess of; -
(1) The armed forces
(2) The Kenya Police or Kenya Reserve
(3) The Kenya Prisons Service
(4) The administration police force;
(j) Sale of liquor on board a vessel in harbour (other than inland water harbour) to any passengers or crew for
consumption therein.

PROVISION
The sale of liquor shall not apply to any such canteen club institute, mess or similar institution conducted by
any person for personal profit.

DEFINATION –SECTION 3
Liquor-means spirit, wine, ale, beer, porter, parry, cider, hop beer or any liquor containing more than 2%by
weight of absolute alcohol but does not include traditional liquor or industrial alcohol

LICENCING COURTS-SECTION 4-7

Each licensing area has a licensing court, which comprises of the District commissioner of the area as
president one member nominated by local authority and 3 to 7 other members being resident of the area and
appointed by the minister.

The court sits every May and November to consider all applications for licences and cancellation of licences.
It may also hold special sittings (on payment by application of shs. 500/ at any time.

APPLICATION FOR LICENCE-SECTION 8

Application are made in special forms and submitted to licensing court by any time. Lists of applicants are
drawn up and published in official gazette and sent to head of police in licensing area and N.O.H of the area.
(3). For the purpose of this paragraph, ‘premises” means premises of whatever description other than a
bonded ware house, which are occupied by the licensee and which are in the same licensing area.

BOTTLER’S LIQUOR LICENCE.

(4) (1) A bottler’s liquor licence shall authorize the licensee, at premises the address of which shall be
specified therein to bottle liquor subject to such conditions as may be prescribed
(2) Where the holder of a bottler, s liquor licence is a brewer, the licence shall subject to the provisions of
subparagraph (3) authorize the licensee to sell the products of his brewery by wholesale in accordance with
the provision of subparagraph (1) of paragraph 3,at the premises specified in his licence or by delivery there
from thought Kenya

BOTTLERS’ DEPOT LICENCE

(3) Where the licensee referred to in subparagraph (2) occupies any depot he shall produce an copy of his
licences certified under the hand of the issuing court to the chairman of the licensing court within whose area
the deport is situate, and the chairman may at any time and on payment of the prescribed fee issue to the
licensee a brewer& depot licence which licence shall authorize the licence to sell by wholesale in accordance
with subparagraph (1) of paragraph 3 the products of his brewery at or by delivery from such depot the
address of which shall be specified in such licence.
 (1) For the purposes of this paragraph ‘depot’ means premises of whatever description which
are occupied by an brewer for the purposes of his trade not being premises specified in any
bottler, s liquor license held by such brewer.

MALT AND NON-SPIRITOUS LIQUOR ON-LICENCE

5. A malt and non-spirituous liquor on-licence shall authorize the licensee to sell, during such hour as may
be presumed by rules, ale, beer, porter, cider, Perry hop beer and liqueur other than spirituous liquor for
consumption on the premises specified in the licence.

MALT AND NON-SPIRITUOUS LIQUOR OFF- LICENSE

CAP. 231-232.
6. (I) A malt and non-spirituous liquor off-license shall authorize the licensee to sell ale, beer, porter cider,
perru, hop beer and liquor other than spirituous liquor for consumption elsewhere than on the premises
specified in such licence in quantities of not less than one bottle or can securely corked or stopper,
containing minimum of one –quarter pint, during such hours as are prescribed for business by the shop
hours Act or by the Mombassa shop hours Act, as the may be, or by any orders made there under.
2]. Nothing contained in this paragraph 5 shall be deemed to preclude an licensing court from issuing an
malt non spirituous liquor off-license and malt and non – spirituous liquor on- license in respect of the
premises.

Licenses of the several descriptions following may be licenses, which may be granted under this Act.

A - GENERAL LICENCES.
General retails liquor license.

B - OFF LICENCE
• Wholesale liquor license
• Bottlers liquor license
• Brewers depot license
• Malt and on-spirit liquor off-license
• Wine merchants and grocers licenses

C – ON – LICENSE
• Hotel liquor license
• Restaurant liquor license
• Club liquor license.

- Proprietary club liquor licensing

- Members club liquor license.

• Canteen liquor license

• Theatre liquor license
• Travellers liquor license
• Railway restaurant – car liquor license
• Steamship liquor license
• Malt and non-spirituous liquor license
• Temporary liquor license
• Temporary extension liquor license

2. A general retail liquor license shall authorize the general retail licensee to sell during such hours as
may be required by the prescribed rule, liquor in any quantity on the premises specified in the license,
for consumptions on or off such premises.

WHOLESALE LIQOUR LICENSING.

3. (I). Wholesale liquor shall authorize the licensee to sell at premises the address of which
shall be specified therein.
a]. Spirituous liquor of one trade description in quantities of not less than five litres whether such liquor
is cask or in sealed bottles.
b]. Wine, ale, beer, porter, cider, Perry or hop bear of one trade description in cases
containing sealed bottlers or cans of such an number that the total liquor content there of
is not less than seven litres,
 To the holder of liquor license for the purpose of resale by such holder.
(ii) A whole sale liquor license may, subject to such additional fees as may be
prescribed, be granted so as to apply to more premises than one and in any such
case the addresses of all the premises of all the premises specified therein.

7. WINE MERCHANT’S AND GROCER LIQOUR LICENCSE CAP 231-232

A Wine merchant’s and grocer’s liquor shall authorize the licensee to sell, on the premises therein specified,
liquor in quantities of not less than one bottle of whatever size, securely stopped and sealed, for consumption
elsewhere than on such premises, during such hours as are prescribed for business by the shop hours Act or
by the Mombassa shop hours Act, as the case may be, or by any orders made there under.

HOTEL LIQOUR LICENSE CAP 495

No hotel liquor license shall be issued by an licensing court In respect of any premises unless the court is
satisfied that there is an valid hotel – keeper’s license issued under the hotels and restaurants Act in force in
respect of such premises.
If the hotelkeeper’s license in respect of the aforesaid premises should, during the period of validity of the
liquor license, be suspended or cancelled, such hotel liquor license shall forthwith be suspended or cancelled.
An hotel liquor license shall authorize the licensee to sell liquor to an lodger on the premises specified therein
during such hours as may be prescribed by rules
Subject to subparagraphs (1) and (2), an licensing court shall not be precluded from granting or renewing to
an hotelkeeper an general retail liquor license in addition to an hotel liquor license

9. RESTAURANT LIQUOR LICENSE

An restaurant liquor license shall authorize the licensee to sell liquor by retail, during such hours as may be
prescribed by rule, to persons taking meals in the restaurant, for consumption with such meals

10. CLUB LIQUOR LICENSE

(1) A club liquor license may be either
A proprietary club liquor license, or
A member’s club liquor license

And shall authorize the sale of liquor to members of a proprietary or members club, as the case may be,
during such hours as may be prescribed by rules, for consumption on the club premises therein specified

2) No premises shall be deemed to be an club of either description wherein persons other than
members are charged or permitted to pay for accommodation, meals or liquor

3) Every club liquor license issued or renewed shall be in the name of the proprietor, secretary or
manager thereof, as may be appropriate, and no transfer of the license shall become necessary upon
any change of the proprietor, secretary or manager and the successor to such proprietor, secretary or
manager shall be entitled to the privileges granted by such license and shall be subject to the duties
and liabilities imposed thereby;

Provided that, in the case of an proprietary club, any change of proprietor, secretary or manager shall be
notified to the licensing court and the Commissioner of Police within fourteen days of change.

11. LIQUOR LICENSE

(i). An canteen liquor license shall authorize the licensee to sell liquor by retail on the premises on
such days as are specified therein and during such hours as may be prescribed by rules, and subject to
such conditions as the Minister may impose, to members of the Armed Forces of Kenya, the Kenya
Police Force, the Kenya Prisons Service or the Administration Police Force, or of any other
organization approved by the Minister.
(ii). Any person desiring to obtain or renew a canteen liquor license shall submit to the licensing
court, together with his application, the written recommendation of the officer commanding the unit
or force concerned and his certificate of the number of members of the unit or force to be served or
likely to be served in the canteen.

12. THEATRE LIQUOR LICENSE

(i). A theatre liquor license shall authorize the licensee to sell by retail in any building, an portion of
which is used as an place of entertainment, on any day and during such hours as may be prescribed
by rules, as the theatre may be open for entertainment or rehearsal, to members of the staff of such
building, to members of the audience and to the performers in such entertainment or bona fide
rehearsal thereof, liquor for consumption in the bar only of the premises specified in the liquor.
 (ii). No such license shall be granted in respect of any premises access to the bar of which may, during
the aforesaid hours, be gained by the public otherwise that from within the building.

13. TRAVELLERS’ LIQUOR

(i). A Traveller’s liquor license shall authorize the licensee to sell liquor by retail at any railway or
airport premises specified therein and during such hours as may be prescribed by rules, to person
bona fide travelling by train or air, as the case may be.

(ii). Any person desiring to obtain or renew an travellers liquor license shall submit to the licensing
court, together with his application, the written recommendation of the manager of the said premises
in respect of the grant or renewal of such license

(iii). Nothing in this paragraph contained shall preclude a licensing court from granting a general
retail liquor license or a restaurant liquor license in respect of premises to which an traveller’s liquor
license applies

14. RAILWAY RESTAURANTS CAR LIQOUR LICENSE.

(i). A railway restaurant’s car liquor license shall authorize the license to sell, during such hours as
may be predescribed by rules, liquor in the train to which the restaurant’s car specified therein is
attached while such cars, whether stationary or in motion, is on a journey.

(ii). A separate license, which shall be issued in the name of the assistance superintendent, hotel and
catering, Kenya Railway Corporation, shall be required in respect’s of every restaurant car

15. STEAMSHIP LIQOUR LICENSE.

(i). A steamship liquor license shall authorize the licensee to sell liquor on board the steamship
specified therein, during such hours as may be prescribed by rules.
(ii). For the purpose of this paragraph “steamship” means any steamship plying on the inland waters
of Kenya.

16. DISTRICTS COMMISSIONERS MAY GRANT TEMPORARY LIQOUR LICENSES AND

TEMPORARY LIQOUR EXTENSION LICENSES.
(i). No withstanding anything to the contrary contained in this Act, the licenses the details of which
are set forth in paragraphs 17 and 18 may be issued by the districts commissioners of the districts
where in the license is to be used.
(ii). Application for such temporary license shall be made in accordance with rules made under this
act, and the provision of sections No.8, 11,18,19 and 21 shall not apply to such license.

17. TEMPORARY LIQOUR LICENSE.

(i). A temporary liquor license shall authorize the licensee, who shall be the holder of an liquor license, to sell,
during the hours prescribed by rules in respect of license at any place of recreation or entertainment or at any
other assembly, such place being specified therein and not being the premises specified said liquor license.

(ii). Such license shall, in additional to any other conditions which the district commissioner may impose,
specify there in the name of the licensee, the place for which such license is granted and the number of days
for which the license is valid which shall not exceed the [period during which the recreation, entertainment or
assembly continues, and shall in no case exceed an period of 7 (seven) days.

(iii). The district commissioner issuing a temporary liquor license shall give a notice of fact of such issues and
particulars thereof to the police officer in charge of the district concerned therewith.

18. EXTENSUIONS OF LIQOUR LICENSES.

(i). A temporary extension liquor license may be granted to the holder of the general retail liquor license, a
restaurant liquor license, a malt, and non-spirituous liquor on license or canteen liquor license and shall
authorize the licensees to sell liquor on the premises and on the day specified therein during such hours and
may be prescribed by rules.
(Deleted by 36 of 1966 s.3)
(1) The district commissioner issuing such a license may impose therein such
reasonable conditions as to him any seem fit.
(2) No such license shall be granted to any one licensee on more than three
occasions in an period beginning on Sunday and ending on the following
Saturday.
(3) No such license shall be granted in respect of Good Friday.
4 - THE CHANG'AA PROHIBITION ACT
ACT NO. 9 OF 1980

Date of commencement: 15th August 1980.

Aim - an act of parliament to prohibit the manufacture, supply and possession of chang'aa

INTERPRETATION: In this act -

Chang'aa means any spirits which are distilled otherwise than in accordance with a license issued under part
IX of the customs and excise act 1978, by whatever name called and includes, spirits commonly known as: -
-Enuli
-Kisumu Whisky
-Maai-matheru
-Machwara
-Wirigi
-Kali
-Kill me quick
-Kiria
-Machozi ya simba
-Njeti
Spirits means any intoxicating liquor int he nature of an assence of an abstract from any substances obtained
by distillation and includes any liquor mixed with spirits.

SECTION 3 - PROHIBITION OF MANUFACTURE ETC, OF CHANG'AA

1. No person shall manufacture, sell, supply or consume, or be in possession of chang'aa.

2. No person shall without lawful excuse, the burden of proof where of shall be on him, he in
possession of any implement apparatus or utensil designed or adopted for the distillation of
chang’aa.

SECTION 4 OFFENCES AND PENALTY

1. Any person who contravene any of the provisions of section 3 shall be guilty of an offence and
liable to a fine not exceeding ten thousand shillings or imprisonment for a term not exceeding two
years or both such fine and imprisonment.

2. On conviction of any person for an offence under this act the court shall order the forfeiture and
destruction of chang'aa and any implement apparatus or utensils used in connection with the
commission of the offence.

3. Any offence under this section shall be and shall be friable by any subordinate court.

SECTION 5 POWERS TO SEARCH AND ARREST

1. Any Administrative Officer or police officer may enter upon and search any premises at any time
when he has reasonable grounds to believe that chang'aa is being manufactured, stored, sold,
supplied or consumed therein (note- that power of search and arrest is open to any Police Officer
and Administrative Officer).

2. A person entering premises under sub-section (1) may if he finds that chang'aa is being or sold on
premises, arrest the occupier of the premises and may take in possession of the chang'aa and any
implement, apparatus or utensil used for distillation, or designed or adopted therefore, which is
found thereon.

3. A person arrested under this section shall, without unnecessary delay and subject to the
provisions of the criminal procedure code as to all be taken before a Magistrate or an officer
in charge of a police station.

SECTION 6 - DEBTS FOR CHANG'AA NOT RECOVERBLE:

No suit shall be maintained to recover any debt alleged to be due in respect of the sale or supply of chang'aa

5- THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCE (CONTROL)

ACT 10 (NO.4 OF 1984)

DEFINATIONS: AUTHOLITY SECT. 2 (1)

 1. ADDICT: means a person addicted to any narcotic or psychotropic substance.
2. CANNABIS: means the flowering or fruiting tops of cannabis plant excluding the seeds and leaves
when not accompanied by tops from which the resin has not been extracted by whatever name they
may be designed.
3. CANNABIS OIL: means any liquid containing any quantity however small of tetrahydo-cannabinol.
4. CANNABIS PLANT: Means any plant of the genus cannabis by whatever name called and includes
any part of that plant.
5. CANNABIS RESIN: means the separated resin, whatever clued or purified, obtained from
cannabis but does not include cannabis oil.
6. COCA BUSH: means the plant of any species of the genus erythroxylon from which cocaine can be
extracted.
7. COCA LEAVES: means the leaves of a coca bush from which cocaine can be extracted.
8. CULTIVATE: In relation to any plant includes growing the plant, sowing or scattering the seeds
produced by the plant or any part thereof, nurturing or tending the plant or harvesting the flowers
fruits or seeds or the whole or any part of the plant
9. EXPORT: mean the taking or conveying or causing to be taken or conveyed out of Kenya.
10. ILLICIT TRAFFIC –means cultivating any coco bush or gathering any portion of a coca plant or
cultivation of the opium poppy or any cannabis plant or engaging in the conveyance production,
manufacture, possession, sale purchase, transportation, ware housing concealment, use or
consumption, importation, exportation or transhipment narcotic drugs or psychotropic substance or
handling or letting out of any premises for the carrying on of any of the activities herein.
11. MANUFACTURE; include all processes other than production by which such drugs or substances
be obtained or refined of such drugs in a pharmacy in a prescription with or containing such drugs or
substances.
12. MEDICINAL OPIUN-mean opium, which has under gone the processes necessary to adopt it for
medicinal use.
13. OPIUM-includes raw opium powdered or partially prepared for any use or purpose whatever as
content of morphine may be.
14. OPIUM POPPY-means the plant of the species papaver somniferous and the plant of any other
papaver from which opium can be extracted.
15. POPP SHAW-means all parts (except the seed) of the opium poppy after harvesting whether in
their original form or cut, crushed or powdered
16. PREMISES-includes any land, building or other places.
17. PREPARATION-In relation to a narcotic drug or psychotropic substance means any one of more
of such drugs or substance in dosage form or any solution or mixture in whatever physical state
containing one or more of such drugs or substance.
18. PRODUCE-means producing a narcotic or psychotropic substance cultivating or any other method.

SEC.3PENALTY FOR POSSESSION OF NARCOTIC / DRUGS E.T.

❖ Any person who has in his possession any narcotic drugs or psychotropic substance shall be
guilty of an offence and shall be liable3 in respect of cannabis method solely for his own
consumption on to imprisonment for 12 years and in every other case for 20 years
imprisonment. Or
In respect of a narcotic or psychotropic substance other than cannabis intended solely for his
consumption to imprisonment for 20yrs and in ev3ery other cases to a fine not less than one
million shillings or three times the market value of the narcotic drug or psychotropic substance
which ever is greater or life imprisonment or both fine and imprisonment.

6 - POLICE ACT.
Authority: Chapter 84 Laws Of Kenya

INTERPRETATION
AIM: To provide for the functions organization and discipline of Kenya police Force and Kenya Police
Reservist

Commissioner- means the commissioner of police

Gazetted officer- means a police officer of or above the rank of acting superintendent
Inspector –means a police officer holding any of the ranks, cadet inspector, acting inspector, inspector or
chief inspector.
Police officer- means an officer of the force.
Police station: means a post or a place appointed by the commissioner of police by a notice in the gazette to
be a police station.
Subordinate officer- means a police officer holding any of the ranks, constable Corporal, sergeant or
S/sergeant.

SECTON7; DECLARATION OF JOINING THE FORCE.

Every police officer shall on being enlisted make and sign before a gazetted officer the oath or affirmation of
allegiance to the president and the Republic of Kenya

SECTION 8 CERTIFICATE OF APPOITNTMENT

A certificate of appointment signed by a gazetted officer shall be issued to every police officer on
appointment and shall be evidence of his appointment under this act

SECTION 9 OTHER EMPLOYMENTS.

No police officer shall engage in any trade, business or employment or take part in any commercial or
agricultural undertaking except with the authority of the commissioner

SECTION 11 RESIGNATIONS
1. Inspector are required to give 3months notice before resigning
2. Subordinate officers intending to resign are required to give one month’s notice

Every police officer leaving the force shall surrender all uniforms, arms and equipment supplied to him as
public property

SECTION 14
The force shall be employed in Kenya for:
❖ The maintenance of law and order
❖ The preservation of peace
❖ The protection of life and property
❖ The prevention and detection of crimes
❖ The apprehension of offenders
❖ The enforcement of all laws and regulations with which it is charged

14(1) control and conduct of force in executing functions the force shall perform its functions under he
overall direction, supervised and control of the commissioner of police and shall be impartial and objective in
all matters and in particular in all political matters and shall not accord different treatment on the basis of
their political opinions

14 A (2)
No police officer shall subject any person to torture or to any other cruel, inhuman or degrading treatment
14A (3)
Any people officer who contravenes the provisions of this Section shall be guilty of a felony.

Section 16 - maintenance of order on roads

It shall be the duty of the police
a) to regulate and control traffic
b) to keep order and prevent obstruction in public places
c) to prevent unnecessary obstruction on the occasions of assemblies, meeting and precessions on
public roads and streets or in the neighbourhood of places of worship during the time of worship

Section 17: unclaimed property

When unclaimed property is handed over to or found by a police officer, the following procedure will be
used/followed:
i) an inventory will be furnished to the magistrate having jurisdictions in the are
ii) the magistrate will order that the property e detained by the officer
iii) the magistrate shall cause to be pasted to conspectus place in his court and at such place station,
as he considers necessary.
iv) Such claimant will be required to make claim within a period of six months
v) If property is liable rapid decay, e.g. milk, meat etc, the magistrate may direct that it be sold or
destroyed
vi) If the property is a firearm or ammunition the magistrate may direct that it be disposed off as the
commissioner may direct
vii) If no owner establishes claim within 6 months the property may be sold in such a manner as the
magistrate may direct
 viii) If a person establishes claim after the property has been sold the proceeds of the sale shall be
paid to him
ix) If no lawful claim is made:
a) Such proportion as the magistrate may direct shall be paid to the finder of the property
b) The balance if any shall be paid to the consolidated fund.

Section 19 powers to lay complaints

A police officer may lay any lawful complaint before any magistrate and may apply for a summons warrant,
search warrant or any other legal process as a may lawfully be issued against any person

Section 20 powers of search in special circumstances

When a police officer is in charge of a police station, or a police officer investigating any alleged offence has
reasonable found to believe that something necessary for the purpose of such investigations is likely to be
found in any place and that the delay occasioned in obtaining search warrant will in his opinion prejudice
such investigations, he may:-
i) After recording in writing the ground of his belief and such descriptions is available to him of the search is
to be made,
Without search warrant, enter any premises and search or cause search to be made and take possession of the
thing provided.
The officer shall carry his certificates of appointment and shall produce it to the occupier of the house on
request. Anything seized during the search shall be taken to a magistrate having jurisdiction

Sections 21 powers to take fingerprints

i) Any magistrate, police officer and any person appointed to give certificates (CRO) officer,

ii) For the purpose of record and identification

i) May take or cause to be taken in his presence

ii) For the purpose of record and identification,

a) Measurements
photographs
Footprints
Palm prints
Fingerprints

iii) Of any person in lawful custody or who is subject to police custody supervision

NB: any person who refused to permit his measurements, photo etc to be taken shall be guilty of an offence.

If such a person is convicted, after conviction, reasonable force may be used to enable such measurements,
fingerprints etc to be taken.

Section 22 power to compel attendance at police station

A police officer may under his handwriting require any person who has reasons to believe has information,
which will assist him in investigating an alleged offence
a) To attend before him
b) At a police station or place or any office
c) In the district in which that person resides or for the time being is. Any person refusing to comply
with such a request commits an offence

NB when a person has attended as required, he shall not require to answer any questions the answer to which
may tend to expose him to a criminal chare

Section 25 powers to inspect licenses and vehicles

Any police officer may stop and detain ay person whom i.e.
a) Sees doing any act or thing,
b) Sees in possession of anything,
c) Suspects of doing any act or thing or being in possession of anything, for which a license is require
under any written law and may require such a person to produce any such license and may in uniform
stop and search any vehicle, which he suspects of being used in commission of an offence.
Any person who fails to obey any reasonable signal given by a police officer requiring him to stop any vehicle
or who obstructs any police officer shall be guilty of an offence.

a) Any person in lawful custody, charged with or convicted of a felony, when such a person is escaping
or attempting to escape
b) Any person should by force rescues or attempts to rescue any person in lawful custody,
c) Any person who by force prevents the lawful arrest of himself or of another person

Provided arms shall not be used

a) Unless the officer has reasonable grounds that he cannot otherwise prevent the escape, and unless he
gives warning to such person that he about to use arms and the warning is unheeded.
b) Unless the officer has reasonable grounds he or any other person is in charge of grievous bodily harm or
that he cannot otherwise prevent the rescue or as the case may be, effect the arrest to believe that

Section 26 powers to reject barriers

Any gazetted officer, inspector or officer in charge of a police station, may if he considers it necessary for:
a) Maintenance and preservation of law and order
b) The prevention and detection of crime,
c) The apprehension of offenders, erect or cause to erect barriers across any road or street

Any police officer in uniform may take all reasonable steps to prevent any vehicle being driven past any such
barrier

Section 40 prohibition against being member of trade union

It shall not be lawful for any police officer to be a member of
1. any trade union or for any body or association affiliated to a trade union
2. any body or associations the subject of which to control or influence control or influence
conditions of employment in any trade or profession
3. any body of association the object of which to control, influence pay, pension or conditions of
the force, other than the staff association established and regulated in accordance with
regulations made under this act(KPRA).

Section 41 desertions
Any inspector or subordinate officer who absents himself from duty without leave or just cause for a periods
exceeding twenty one days shall be deemed to be a deserter from the force for use in execution of his duty, or
c) Any medal or decoration granted to a police officer for gallantry, services or good conduct and who fails
to account satisfactorily for his possession should be guilty of an offence.

Likewise any person who without lawful authority: -

a) Purchases or receives any article which has been supplied to a police officer for use in the execution of
his duty or any medal or any decoration, or
b) Aids or abets any police officer in selling or disposing of any such articled, medal or decoration or,
c) Puts on the dress or assumes the name of, designation or description of any police officer, or
d) Acts or personates any police officer, shall be guilty of an offence.

Section 60 disorderly conduct in police building

Any person who is in police building, police officer or locked up or cell behaves in a riotous, indecent,
disorderly or insulting manner shall be faulty of an offence, this offence is cognisable to police.

Section 61 causing divagation among police officers

Disaffection means disloyalty or absence of aggression, good will etc. Any person who
a) Causes or attempts to cause or does any act calculated to cause disaffection among police officers.,
b) Induces or attempts to induce or does any act calculated to induce any police officer to commit any
breach of discipline,
c) Induces or attempts to induce or does any act calculated to induce any police officer to withhold his
services, shall be guilty of an offence and liable to imprisonment for a term not exceeding two years, or a
fine not exceeding twenty thousand shillings or both such fine and imprisonment.

If the person so convicted is a police officer, in additions to such penalty, he shall forfeit all rights to a
pension or gratuity and be disqualified hereafter from being a police officer.

7 - CHILD RIGHTS AND CHILD PROTECTION:

AUTHORITY: KENYA GAZETTE SUPPLIMENT
CAP. 141 L.O.K NO. 95 ACT 2001.

N/B:
Cap 141 - The children and young person’s Act.
Cap 143 - The Adoption Act.
Cap 144 - The guardianship of infants Act, has all been repealed. However other Acts
touching matters concerned with children i.e. citizenship, inheritance and employment can
still be applied.

OBJECTIVE: To empower the Police officers with skills and attitudes to enable them handle cases
effectively.

INTERPRETATIONS

AGE: Where actual age is not known means apparent age.

‘AUTHORIZED OFFICER’: -Means a police officer, an administrative officer, a children’s officer

and approved officer, Chief or Labour officer or any other officer authorized by the director for the
purposes of this act.

CHILD: Means any human being under the age of eighteen years.

CHILD TENDER YEARS: Means a child under the age of ten years.

HOME: - In relation to a child means the place 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 parent or guardian or relative 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
resident and

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.

RELATIVE: - In relation to a child means any person related to the child whether of the
full blood, half blood or by affinity, and

a) Where an adoption order has been made in respect of the child or any other person under
this Act any person who would be a relative of the child within the meaning of this
definition if the adopted person was the child of the adopter born inside marriage or

b) Where the child is born outside marriage and the father has acknowledged paternity and is
contributing towards the maintenance of the child, the father of the child within the meaning
of this definition if the child was the child of his mother and father born inside marriage.

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 places the occupier of which is willing to accept the
temporary care of a child.

SPOUSE: -In relation to a wife of a polygamous marriage, means the wife applying for an adoption order
either as the sole applicant or jointly with the husband or wife into whose care a husband applying for an
adoption order purposes to gives 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.

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 parent’s guardian or relative.

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. 10 PROCTECTION 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 in respect for and protection and care of children shall be maintained in
accordance with the law.
(3). It shall be the responsibility of the Government to provide protection, rehabilitation care,
recovery, and reintegration into normal social life for any child who may become a victim of
armed conflict or natural disaster.
(4). The minister shall make regulation in respect of periods of work and legitimate
establishments for such work by children above the age of sixteen years.
(5). In this Act child labour refers to any situation where a child provides labour in exchange for
payment and includes:
a. Any situation where a child provides labour as an assistant to another person and his
labor is deemed to be the labour of that other person for the purpose of payment.e.g.
Picking of coffee, tea, cotton, harvesting. Sand. Etc.
b. Any situation where a child’s labour is used for gain by any individual or institution
whether or not the child benefits directly or indirectly and
c. Any situation where there is in existence a contract for services where the party
providing the services is a child whether the person using the services does so directly or
by agent.

PROTECTION FROM ABUSE SEC. 13 (1)

(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.

PROTECTION FROM HARMFUL CULTURAL RITES

SEC. 14. OF THE ACT.
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.

PROTECTION FROM SEXUAL EXPLOITATION SEC.15 OF THE ACT.

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.

PROTECTION FROM DRUGS SEC. 16 OF THE ACT

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.

DUTY & RESPONSIBILITIES OF A CHILD SEC. 21 OF THE ACT

In the application of the provisions of this Act, and in any matter before a court of law concerning any child,
due regard shall be had to the duties and responsibilities of a child to:
a. Work for the cohesion of the family
b. Respect his parents, superiors and elders at all times and assist them in case of need.
 c. Serve his national community by planning his physical and intellectual abilities at its service;
d. Preserve and strengthen the positive culture values of his community in his relation with either
members of that community.

PROVISION.
That in reckoning the requisite duty and responsibility of any individual child due regard shall also be
had to the age and ability of such child and to such limitations as contained in this act.

ENFORCEMENT OF RIGHTS SEC. 22 OF THE ACT.

1. Subject to subsection (2), if any person alleges that any of the provision of section 4 to 19 (inclusive)
has been, or is being or is likely to be contravened in relation to a child, then without prejudice to any
other action with respect to the same matter which is lawfully available, that person may apply to the
High court for REDRESS on behalf of the child.
2. The High court shall hear and determine an application made by a person in pursuance of Subsection
(1) and may make such orders, issue such writes and give such directions as it may consider
appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of
section 4 – 19 (inclusive).
3. The Chief Justice may make rules with respect to the practice and procedure of the High court in
relation to the Jurisdiction and powers conferred on it or under this section including rules with
respect to the time within which applications may be brought and references shall be made to the
High court.

SEC.73 CHILDREN’S COURTS

There shall be courts to be known as children’s courts constituted in accordance with the provisions
of the section for the purpose of: -
a. Conducting civil proceedings on matters set out under parts III, V, VII, VIII, IX, X, XI and
XIII.
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 18yrs
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.
PROVISION
(1) Reference to subordinate courts of any class, in the first schedule to C.PC shall include a children’s
court.
(2) The Chief justice may, by notice in the Gazette, appoint a Magistrate to preside over cases involving
children in respect of any area of the country.
(3) Where in the course of any proceedings in a children’s court it appears to the court that the person
charged or to whom the proceedings relate is over 18 years of age where in the course of any
proceedings in any court other than a children’s court it appears to the court that the person charged
or to whom the proceedings relate is under 18 years of age, nothing in this section shall prevent the
court, if it thinks fit, from proceeding with the hearing and determination of the case.
(4) Where any conviction or sentence made or passed by a court other than children’s court is appealed
against or is brought before the high court for confirmation or revision and it appears that the person
convicted was at the time of the commission of the offence under 18 years of age, the High court
shall have power to substitute for the conviction a finding of guilty in accordance with section 196
and substitute for the sentence an order under section 125 (2) of this Act.

SITTINGS OF CHILDREN’S COURT SEC. 74 OF THE ACT.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 authorize to be present.

LEGAL AID SEC. 77 OF THE ACT.

1. Where a child is brought before a court in proceedings under the Act or any other written
law, the court may, where the child is unrepresentated, order that the child be granted legal
representation.
 2. Any expenses incurred in relation to the legal representation of a child under subsection (1)
shall be defrayed out of monies provided by parliament.

CUSTODY AND MAINTENANCE SEC. 81 OF THE CHILD’S ACT.

Meanings of: -

CUSTODY WITH RESPECT TO A CHILD SEC. 81 (a)

Means so much of the parental rights and duties as relate to the possession of the child.

CARE AND CONTROL SEC. 81 (b)

Means actual possession of a child whether or not that possession is shared with one or more persons.

LEGAL CUSTODY SEC. 81(c)

Means so much of the parental rights and duties in relation to possession of a child as are conferred upon a
person by a custody order.

ACTUAL CUSTODY SEC. 81 (d)

Means the actual possession of a child, whether or not that possession is shared with one or more persons.
(1) Where a person, not having legal custody child, has care and control of the child, he shall be under a duty
to safeguard the interests of that child.
(2) Where the person, not having legal custody of a child, has actual custody he shall be deemed to have care
and charge of the child and shall be under a duty to take all reasonable steps to safeguard the interest and
welfare of that child.
(3) In this act, unless the context otherwise requires, reference to the person under whom a child has his
home refers to the person who, disregarding absence of the child at a hospital or boarding school and any
other temporary absence, has care and control of that child.

GUARDIANSHIP SEC. 102 OF CHILD ACT

(1). Guardian: Means a person appointed by will or deed by a parent of the child or by an order
of the court to assume parental responsibility for the child upon the death of the parent of
the child either alone or in conjunction with the surviving parent of the child or the father of
a child born out of wedlock who has acquired parental responsibility for the child in
accordance with the provisions of this Act.
(2). A guardian may be appointed in respect of any child who is resident in Kenya whether or
not the child was born in Kenya or is a Kenyan citizen.
(3). A guardian appointed under this act need not to be a Kenyan Citizen or resident in Kenya.
(4). A guardian may be appointed in respect of the person or the estate of the child or both.
(5). Where a guardian is appointed only in respect of the estate of the child, he need not have
actual custody of the child but he shall have-
a. The power and responsibility to administer the estate of the child in particular to receive and
recover and invest the property of the child in his own name for the benefit of the child.
b. The duty to take all reasonable steps to safeguard the estate of the child from loss or
damage;
c. The duty to produce and avail accounts in respect of the child’s estate to the parent or
custodian of the child or to such other person as the court may direct or to the court, as the
case may be on every anniversary of the date of his appointment.
d. To produce any account or inventory in respect of the child’s estate when required to do so
by the court.

ORDERS, WHICH COURT, MAY MAKE SEC. 114 OF THE CHILDREN’S ACT.
The court may from time to time make any of the following orders in this act.

a. AN ACCESS ORDER:
This order 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.

PROVISION
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.
 b. A RESIDENCE ORDER
It is an 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
It is an order which requires 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
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

Its an order which requires an 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. FAMILY ASSISTANCE ORDER

It is an order which requires a person appointed by the court to provide such advice counseling and guidance
to a child his parents or custodian or guardians, the child is residing as the court may specify

f. A WARDSHIP ORDER
It’s an order, which requires a child be placed under the protection and custody of the court.

f. A PRODUCTION ORDER
Its an order which requires 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.

POWER OF ARREST SEC. 115 OF THE ACT.

Where a court makes an order under section 114 (c), (d) and (g) the court may attach a power of arrest to the
order and the person named in the order shall be liable to arrest if he shall contravene any stipulation or
condition contained in the order whilst the order remains in force.

PENALTY SEC. 116 OF THE ACT

Any person who contravenes an order made under sec 114 (C), (d) and (g) or who obstruct or unlawfully
interferes with a person appointed by the court in the execution of his duties under an order made pursuant
to sub section (e) and (f) of section 114 commits an offence and shall he liable upon conviction to a fine not
exceeding fifty thousand shillings or to imprisonment for an period not exceeding six months or to both.

REVIEW OF ORDER SEC 117.

The court may from time to time review, vary, suspend or discharge any order made under this part or revise
an order after it has been suspended or discharge.

WHEN A CHILD IS IN NEED OF CARE AND PROTECTION SEC 119.

(I) A child is in need of care and protection: -
a) Who has no parents or guardian or has been abandoned by his parents or guardian or is a destitute;
or
b) Who is found begging or receiving alms; or
c) Who has parents or the parents has been imprisoned or whose parents or guardian find difficulty in
parenting; or
d) Whose parents or guardian does not or is unable unfit to exercise proper card and guardianship; or
e) Who is prevented from receiving education; 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 over crowded,
unsanitary or dangerous
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
p) Who is displaced as a consequence of war, civil disturbances or natural disaster; or
q) Who is exposed to any circumstance likely interfere with his physical, mental and sexual
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 an 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?
(II) A child apprehended under this section shall be placed in separate facilities from child
offender’s facilities.

WARRANT FOR SEARCH OF CHILDREN SEC. 128 OF THE ACT.

1. If it appears to a magistrate on information laid by at least two persons who in the opinion
of the Magistrate are acting in the interests of a child that there is reasonable cause to
suspect: -
a) That one of the offences specified in the third schedule has been or is about to be
committed against an child; or
i. Offences made under section 140 – 151, 157, 158, 162, 165 – 167, 250 – 251 of the
penal code
ii. Offences under the children’s act
iii. Any other offences involving bodily injury are referred to as third schedule.
b) That a child is in need of care and protection, the magistrate may issue a warrant authority
any police officer of above the rank of inspector and named therein to search for the child
and, if it appears to such public officer that any offence as aforesaid has been or is being or
is about to be committed against the child or that he is in need of care and protection, to
take him to and accommodate him in a place of safety until he can he brought before a
court.
2. Any police officer of or above the rank of an inspector authorized by warrant under this
section to search for any child may enter (if need be by force) any house building or other
place specified in the warrant, and subject as aforesaid, may remove the child there from.
3. A Police officer executing a warrant under this section shall take with him any person laying
or joining in laying information who desires to accompany the officer, unless the magistrate
issuing the warrant otherwise directs and may also if such magistrate so directs, be
accompanied by a medical practitioner.
4. It shall not be necessary in any information or warrant under this section to name the child.
5. A Magistrate issuing a warrant under this section may by the same warrant cause person any
person accused of an offence against the child to be apprehended and brought before an
court and proceedings to be taken against such person according to law.
6. Any refusal to allow the direction a children’s officer or an approval officer to enter any
place or dwelling in the exercise of his powers under this Act shall for the purpose of
subsection (1) of this section be deemed to be a reasonable cause to suspect that a child
therein is in need of care and protection.
7. The provisions of this section shall be in addition to and not in derogation of those of the
criminal procedure code in relation to entry of premises and arrest of persons.

ARREST WITHOUT WARRANT SEC. 129 OR THE ACT.

A police officer may arrest without warrant any person who he has reason to believe has committed
any officer under this part or any other offences involving bodily injury to a child, if the police officer
has reasonable ground for believing that the person will abscond or if he does not know and is
unable to immediately ascertain the person’s name and address.

SEC. 130 SUPERVISION ORDERS.

The court may make supervision order by placing the child under its supervision of a children’s
officer or allowing the child to remain in the care and possession of his parent, guardian custodians
or any other person with whom the children is residing.
 SEC. 184 JURISDICTION OF CHILDREN’S COURT.
(1). Notwithstanding the provision of part ii and vii of the criminal procedure code a children’s
court may try a child for any offence except for:
(a) The offence of murder; or
(b). A offence with which the children’s charged together with a person or persons of or above
the age of eighteen years.
(2). References to subordinate courts of any class, in the first schedule to CPC include a
children’s court.

SEC. 189 WORDS “CONVICTION” & “SENTENCE” NOT TO BE USED OF A CHILD.

The words conviction and sentence shall not be used in relation to a child dealt with by the children’s
court and any reference in any written law to a person convicted, a conviction or a sentence shall, in
the case of a child e construction as including a reference to a person found guilty of an offence an
finding of guilt or an order upon such finding as the case may be.

SEC.190 RESTRICTON ON PUNISHMENT

(1) No child shall be ordered to imprisonment or to be placed in a detention camp.

(2) No child shall be sentenced to death.

(3) No child under the age of ten years shall be ordered by a children’s court to be sent to a rehabilitation
school.
SEC. 192 MENTAL TREATHMENT
If it appears to the court on the evidence of a medical practitioner that a child requires or may benefit from
mental treatment, the court when making a probation order against him, may require him to undergo mental
treatment at the hand or under the direction of a medical practioner for a period not exceeding twelve
months subject to review by the court as a condition of the probation order.

CHILD OFFENDERS RULES.

(1). Where a child is apprehended with or without a warrant on suspicion of having committed a criminal
offence he shall be brought before the court as soon as practicable.

No child shall be held in custody for a period exceeding twenty-four hours from the time of his apprehension
without the leave of the court.

(2). Where a child is held in police custody the officer in-charge of the police station shall as soon as
practicable inform:
(a) The parents or guardians of the child; or
(b). The director of children services of the arrest
(3) The police shall ensure that the parent or guardian of the child or an advocate appointed to represent
the child’s present at the time of any police interview with the child.

(4) Where a child’s parent or guardian cannot immediately be contacted or cannot be contacted at all a
children’s office or an authorized officer shall be informed as soon as possible after the child’s arrest
so that he can attend the police interview.

(5) Where a person apparently under the age of 18 yrs is apprehended with or without warrant and
cannot be brought forthwith before court, the police or officer to whom such person is brought shall
require with the case and may in any case, and under;

(a). The charge is one of murder or manslaughter or other grave crime; or

(b). It is necessary in the interests of such person to remove him or her from association with
any undesirable person or

(c). Such officer has reason to believe that the release of such person would defend the ends of justice;
Release such person on a recognizance being entered into by his parent or guardian or other responsible
person with or without sureties for such amount as with in the opinion of such officer secure the attendance
of such person upon the leaving of the charge.
 (6). (I) No child while detained in a police station or while being conveyed to any court shall be
detained with or be allowed to associate with any adult who is not an relative of the child.
(ii) Arrangements shall be made to detain the child is a separate instruction or is a separate part of
the police station.
(iii) A female child shall, while detained conveyed or waiting as described in paragraph (I) if this Rule
were under the care of a woman officer.

BAIL (RULE 9)
(1) Where a child is brought before a court and charged with an offence the court shall inquire
into the case and my release the child on bail on such terms on the court may deem
appropriate
(2) Where bond is not granted the court shall record the reason for such refusal and shall
inform the child of his right to apply for bail to the High court.

REMAND OF CHILD WHEN BAIL IS REFUSED (RULE 10)

(1) Where a child is not released on bail the court may make an order remanding the child in
custody and shall order him to be detained for the period for which he is remanded to an
children’s remand homes
Provision: If there is no children’s remand home within a reasonable distance of the court, the
court shall make such order as to the child’s safe custody as it deems fit.
(2). For the purposes of this section place of safe custody shall not be a remand home or prison
in which adults are detained or remanded.
(3). Any remand to a children’s remand home under this section may be revoked and the child if
he is over the age of 15 years ordered to be remanded in a Borstal institution, if the child
proves to be so unruly a character that he cannot safely be remanded in an children’s remand
home or if the child has proved to be of so depraved a character that he is not fit to be so
remanded.
(4). Remand in custody shall not exceed:
(a) Six months in the case of an offence punishable by death or
(b) Three months in the case of any other offence.
(5). A child who escape from a remand home or other place of safe custody in which he is
detained
May be arrested with or without warrant and returned to that place.
(6). Whether possible the court shall consider alternatives to remand such as close supervision or
placement with a counselor or a fit person determined by the court on the recommendation
of a probation officer or children’s officer.

8 - PUBLIC ORDER ACT.

AUTHORITY: Chapter 56 Laws of Kenya.
AIMS; To enable students understand law relating to public order.

DEFINITIONS;
Meeting means an politically convened gathering or assembly of persons but does not include any gathering
or assembly of persons held for the lawful purpose of any public body, trade union, social cultural charitable,
recreation, religious, professional, commercial or industrial.
“Offensive Weapon”.
Means any article made or adopted for use for causing injury to person.

“Public gathering”
Means a public meeting, a public procession and any other meeting, gathering or concourse of ten or more
persons in a public place.

“Public Meeting”
Means any meeting held in public place

“Public Place”
Means place to which the public are entitled to access whether on payment or otherwise.

“Public Procession”
Means any procession in to or from a public place

QUASI-MILLITARY ORGANIZATION AND POLITICAL UNIFORMS.

In English, Quasi means as if or seemingly. This therefore means that the Quasi-military organizations are not
the normal military organizations (like the Kenya Army, Navy or Air force), which lawfully in Kenya but
organizations which is meant to seem or resemble military organizations.

OFFENCE: It shall be an offence for members of any association or supporters of such organization to be:
(a) Organized or trained or equipped or
(b) Organized and trained or
(c) Organized and equipped for the purpose of being employed.

“Political Organizations”
Means any organization, which either has among his objects any political purpose or pursues any political
purpose.
(d) In taking or assuming the functions of the police or armed forces.
(e) For use or display of physical force in promoting any political object, or
(f) In such manner to arouse reasonable apprehension that they are organized and either trained or
equipped for such purpose.
NB: Any person who promotes or conspires with another to promote or who takes part in the control or
management of the association, or organizing or training or equipping any member or supporter of such
association is also guilty of an offence.

POWERS OF SEARCH
If an judge or Magistrate is satisfied by information on oath that there is reasonable ground for suspecting
that an offence prescribed above has been committed and that evidence of the commission thereof is to be
found at any premises of place specified in the information, he may, on application of an police officer of or
above the rank of inspector grant an search warrant authorizing any such police officer named in the warrant
together with any other persons named in the warrant to enter and search within ONE MONTH from the
date of issue of the warrant by force if necessary and to search the premises and persons found therein and
seize anything found on the premises or place or on any such person which the officer has reasonable
grounds for suspecting to be evidence of the commission of such an offence.
NB: No woman shall be searched except by another woman.

PROHIBITION OF UNIFORMS FOR POLITICAL OBJECT

The law prohibits the following: -
(a) Uniform, or any distinctive dress which signifies association with any political organization.
(b) Any uniform, distinctive dress or emblem (an object that stands for or suggests something else; a sign or
badge) by members or supporters of any organization or association.
When members of that organization or association are organized or trained or equipped for: -
(i) The purpose of enabling them to be employed in assuming the functions of the police or armed
forces.
(ii) The purpose of enabling them to be employed for the use or display of physical force in
promoting any political object.

STOPPAGE OF A PUBLIC MEETING OR PROCESSION.

Any administrative officer or a Police officer may stop and prevent the holding of: -
(a) .Any public meeting or procession, which is not licensed.
b). Any public gathering meeting or procession if it is in the opinion of such officer likely to cause a breach of
the peace.
c). Any public meeting, gathering or procession which any condition of a license issues is being or has been
contravened.
NB:-No public meeting or procession shall take place, in advertised or otherwise published unless a
license in such published conditions has been issued.

BARRING ACCESS- If an administrative officer of or above the rank of Acting IP. has reason to believe
that meeting or public procession, which is not licensed, is likely to take place, he may cause that place to be
barred or closed to the public to prevent the meeting or procession from taking place. The closure of any
public place shall be notified by means of: -
a. Notices exhibited; or
b. Physical barriers erected; or
c. Oral announcement in the vicinity; or
d. In such other public manner as the officer may think fit.
PROHIBITION OF OFFENSIVE WEAPONS
It shall be an offence for any person to have in his possession any offensive weapon at any public meeting or
procession otherwise than in pursuance of a lawful authority.
Here lawful authority means when a person is acting in his capacity: -
(i) An police officer
(ii) An member of fire brigade
(iii) In his capacity as an public officer or
(iv) In his capacity as a servant of a local authority.

CURFEW ORDERS
(a) Curfew orders are issued by the Commissioner of Police or the Provincial
Commissioner
(b) Directing that within any are during specified hours people remain indoors in their premises of
residence
(c) Unless they have an written permit granted by an authority not to remain indoors
(d) The holder of permit as aforesaid shall carry with him light visible at an distance of 25 feet
during the hours of Darkness
(e) No curfew order, which imposes a curfew operating during more than ten consecutive hours of
daylight, shall remain in force for more than three days.

9- THE NATIONAL FLAGS, EMBLEMS AND NAMES ACT

Authority: Chapter 99 Laws of Kenya

AIM: To prevent the improper use of the National Flag and of certain emblems, names, words and
likenesses for professional and commercial purposes, and to prohibit the display of certain flags.

INTERPRETATION
“The National Anthem” – means the National Anthem, the words and music of which are and music of
which are set out in the Third Schedule to this Act;

“Specified Emblem” - Means any emblem, seal, flag, pennant, insignia, ensign or
coat-of-arms of an kind specified in Part 1 of the First
Schedule to this Act;

“Specified Name” - means any of the names and words specified in Part II of
First schedule to this Act, and includes any abbreviation of
such name.

INSULTING NATIONAL ANTHEM AN OFFENCE – SECTION 2B

Any person who shows disrespect, in speech, manner or writing, to or with reference to the National anthem,
or to any specified emblem, specified likeness or specified name, or any representation thereof; shall be guilty
of an offence.

PROHIBITION FOR IMPROPER USE OF EMBLEMS, NAMES AND LIKENESS –SEC.3

No person who shall, except with the written permission from the Minister-
a) Use any specified emblem, specified name or specified likeness or colourable imitation thereof, in
furtherance of, or display the same as advertisement for, any trade, business, calling or profession; or
b) Use any specified emblem, specified name or specified likeness or any colourable imitation thereof,
in the title of any paten, or in any trade mark or design; or
c) Manufacture or import any article or goods bearing any specified emblem, specified name or
specified likeness or any article or goods on which any title, trade mark or a design is used in
contravention of paragraph (b) above.
In paragraph (a) in relating to the use of an specified likeness, shall not apply to the publication of an
bona fide news item (whether in an newspaper or by any other medium) publication of news paper of any
article connected with an bona fide news item other than in furtherance of, or as advertisement for, any
trade, business, ceiling or profession.
Any person who contravenes the provisions of this section shall be guilty of an offence.

PROHIBITION OF REGISTRATION OF CERTAIN COMPANIES – SEC.4:

No authority empowered or required by law to register any company, firm or other body of persons, or
any trade mark or design, or to grant a patent, shall:-
a. Register any company, firm or other body of persons under any name; or
b. Register a trade mark or design which bears any emblem, name, word or likeness; or
 c. Grant a patent in respect of an invention which bears a title which containing any emblem, name or
word, if the use of such name emblem, word or likeness would be in contravention of section 3 of
this act, and any purported registration or grant made contrary to section, shall be absolutely void
and ineffective for all purposes.

PROHIBITION OF DISPLAY OF CERTAIN FLAGS SEC.5

No person shall display at any place or premises any flag or banner or permit to be so displayed being either
case a flag or a banner (other than an specified emblem) which is reputed to belong, or is held out by any
authority as belonging, to the republic of Kenya or of any particular part thereof (other than the area of an
local authority).
Any person who contravenes the above subsection will be guilty of an offence.

SANCTION OF THE ATTORNEY GENERAL- SECTION6:

No prosecution for an offence punishable under this Act shall be instituted except with the previous sanction
in writing of the Attorney General.

POWER OF SEIZURE – SECTION 7:

If a police officer has reasonable cause to believe that something which been used, displayed, manufactured
or imported contrary to this Act is to be found on any premises, he may require the person in charge of the
premises to allow him to enter and search.
If he finds on any premises anything in respect of which one has reasonable cause to believe that an offence
under this Act has been committed, he may seize that thing and bring it before a magistrate, shall order it to
be forfeited.

FIRST SCHEDULE
PART 1 – EMBLEM
1. The National flag, and the Armorial Ensigns of Kenya.
2. The public Seal of Kenya.
3. The emblem or Official seal of the United Nation Organization.
4. Any orders, Insignias, medals, badges, badges and decorations instituted by Act of parliament or
proclamation.

PART II – NAMES AND WORDS.

➢ The name of the President.
➢ The word “Harambee”, “Jamhuri”, “Madaraka”, “Nyayo”.

PART III – OFFICES AND DIGNITIES.

1. The president.

DESCRIPTION OF THE NATIIONAL FLAG

Three major strips of equal width coloured from top to bottom black, red and green and separated by
narrow white strips with a symmetrical shield and white superimposed centrally.

DESCRIPTION OF THE COAT OF ARMS.

The shield contains one colour of the National Flag, the middle red strip bearing an
cockerel holding an axe; the supporters of the shield are two lions sitting on the
background of silhouette of mount Kenya containing the MOTTO HARAMBEE
supports the coat of Arms.

THE NATIONAL FLAG EMBLEM AND NAMES REGULATION.

• Any person who flies or disobey the flag in any premises, not being government premises, or any
occasion other than a public holiday or such other occasion as may be notified by the president
shall be guilty of an offence.
• Government premises mean any premises partly for government but do not include any building
used primarily for residential purposes.
• “Motto vehicle”- Has the same meaning as in Traffic act.
• The regulation as concerns the flaying of the National flag on any motto vehicle shall not apply
to the president, the vice president, the Chief Justice, the speaker of National Assembly, a
Minister or the Attorney -General.
• Any person not being an member of the National Assembly, who wears on his person an
National Assembly badge, or any imitation or likeness thereof shall be guilty of an offence.
• “National Assembly Badge” – Means a badge representing the Armorial Ensigns of Kenya issued
by or under the authority of the speaker of the National Assembly.
 Any person who is guilty of an offence under this regulations shall be liable to an fine not exceeding
ksh.2000/- or imprisonment for an term not exceeding 2 months or to both such fine and
imprisonment.

FLYING OF THE PRESIDENTIAL STANDARD:

a) The Presidential Standard, which is the personal flag of the president, will be flown to denote the
actual presence of the president and supersedes all other flag.
b) It shall be flown from a masthead at least 30 cm. (1foot) higher than subordinate emblems.
c) The flag will be flown night and day, where applicable, is never to be lowered even on occasions
of mourning.
d) The flag will be flown continuously at the president personal residence, and will not be lowered
during his Excellency’s incidental absence.
e) At other places, the flag will be broken on arrival of His Excellency the President, and will be
lowered on his departure irrespective of the time, day and night.
f) The Presidential Standard will be flown on any building in which His Excellency the President is
present or any ship on which His Excellency is travels.
g) The flag will be flown in mixture in the form of a pennant on any vehicle, vessel or aircraft in
which the President is travelling.

FLYING OF THE NATIONAL FLAG.

1. (a). The National Flag is flown daily from 6.00a.m until 6.00 p.m. at parliament buildings days when
parliament is sitting, Provincial, District, Division, Location Headquarters, prisons, ports of entry and
other places as approved by the office of the president.
(b). It will be flown on other government buildings (including buildings schools) on Madaraka day,
Kenyatta day, Jamhuri day and other special occasions as may be notified from time to time by the office
of the president.
( c ). It will be flown at all provincial and Divisional Police Headquarters and at all Police Stations and
Posts(other than patrol Bases)in accordance with Police Standing Orders.
(d). The National flag will be flown in all Stations where the Armed Forces are Quartered from an site
within the lines, to be selected by the Commanding Officer.
(e). It will also be flown at all National Youth service units and sub-units in accordance with service
standing orders.
2. Flags flow must at all time be good condition.
FLYING OF OTHER FLAGS
Where other flags are flown side by side with the National Flag, the other flag will be flown
at least 30cm. (1foot) lower than the National Flag.

10 - EXTRADITION ACTS
Authority 1. Extradition (Continuous/foreign Countries) –Cap 76.
2. Extradition (Commonwealth Countries) act –Cap 77.

Extradition –is the delivery of an offender to the state on whose territory he is alleged to have committed or
to have been convicted of a crime, by the state on whose territory the alleged.

COUNTRIES, WHICH HAVE EXTRADITION AGREEMENT WITH KENYA –CAP 76

The following are the foreign countries, which have extradition agreement with Kenya under Section 3 Cap
76 LOOK.
a. Federal republic of Germany
b. U.S.A
c. Italy
d. Kingdom of Greece
e. Polish people republic
f. Liberia
g. The state of Spain
h. Finland

DESIGNATED COUNTRIES FOR EXTRADITION TIES WITH KENYA –CAP77

a) Singapore
b) Australia
c) United kingdom
d) UK dependent territory namely:-
 1). Gibraltar
2). Gilbert and Ellis islands colony
3). Hong Kong
4) .New Herbrides
5). Pitnairn, Ducie and Geno Islands
6). Flakland Island and dependencies
7). Saint Hellen and dependencies
8). Seychelles
9). Bahamas
10) Bermuda
11) British Honduras
12) The British Solomon Islands
13) The Sovereign area of Alarotiti and Dhekilia
e) Zambia
f) Malawi
g) Tanzania
h) Kingdom of Lesotho

4. THE PROCEDURE TO BE FOLLOWED IN ESTABLISHING EXTRADITION FILES WITH

FOREIGN AND COMMON WEALTH COUNTRIES.

a) FOREIGN COUNTRY

Under Chapter 76 – the following is the procedure to be followed in establishing extradition agreement
between Kenya and any foreign country.
i). The minister (who is the A.G) on behalf of Kenya Government signs an agreement with the foreign
country for the surrender of fugitive criminals.
ii). The agreement shall specify the conditions, exceptions, qualifications and terms to be followed in
surrendering the offenders.
iii) The minister will publish an order in the Kenya gazette declaring that such an agreement had now been
signed.
iv). The order shall not remain in force any longer than the agreement.
v). The order will then be laid before the national assembly.

COMMONWEALTH COUNTRIES
Under Chapter 77, the Attorney General is empowered to DESIGNATE ANY country that is within the
commonwealth to have extradition ties with Kenya. He will thereafter draw out an order in respect of that
country specifying any limitation condition or modifications.
For the purpose of extradition ties in this Act, any country for the external relations of which an designated
commonwealth country is responsible, may be treated as apart of that country or a separate country if the
government of that country so request
All orders made under the Act by the A. G shall then be laid before the national Assembly immediately for
order, then it will be declared NULL and Void but without prejudice to the validity previously done there
under.

5. EXTRADITABLE OFFENCES.
a) UNDER CAP 76 (FOREIGN COUNTRIES ACT)
According to chapter 76, such foreign country that has extradition ties with Kenya has the list of the
extraditable offences listed down under the article of the treaty. E. g. Murder, forgery, obtaining by false
pretences, rape, abduction, child stealing etc. Students are advised to refer to the subsidiary legislation at the
back of the chapter where each country `s extractable offences are shown.

(a) UNDER THE COMMONWEALTH ACT CAP. 77.

According to Cap 77, the extradition offences for the commonwealth countries are the following.
1. Murder and manslaughter.
2. Abortion
3. Grievous bodily harm.
4. Assault.
5. Rape.
6. Indecent assault.
7. Bigamy
8. Kidnapping, abduction, false imprisonment or slavery.
9. Procuring women for immoral purposes.
 10. Stealing, abandoning or unlawfully detaining a child,
11. Bribery.
12. Perjury for subordination of perjury and conspiracy to defeat ends of justice.
13. Arson
14. Offences concerning counterfeit currency.
15. Offences relating to forgery.
16. Stealing, false counting and receiving stolen property,
17. House breaking and burglary.
18. Robbery
19. Black mail and extortion.
20. Offences relating to bankruptcy.
21. Offences relating to property.
22. Act of endangering vehicles, vessels and Aircrafts.
23. Offences relating to dangerous drugs& Narcotics.
24. Piracy
25. Revolt against master of a ship, Aircraft in Flight.
26. Contravening Export and import regulations whilst dealing in precious stones, gold and
other precious metal.

6. PROCEDURE TO BE FOLLOWED WHEN A COUNTRY REQUESTS AN OFFENDER TO

BE SURRENDERED TO IT.

Request to surrender an fugitive criminal wanted by either by an commonwealth country or foreign country is
usually channeled through the Attorney General chambers by either the Diplomatic representative or
consular officer of that country in Kenya. The country requesting for the offender will usually send an
authenticated warrant of arrest for the fugitives accused of an offence or an certificate of conviction in
respect of fugitives at large after conviction.

When the minister (A.G.) is satisfied that the offence alleged to have been committed by the offender talks
within the extradition treaty with the particular country then he will authorize for the proceedings against the
offender who will then be sought and arrested and dealt with in accordance with the procedure laid down. If
the offender is already in custody and the A.G is not satisfied that the offence falls within the treaty then he
may order the release of the offender.

7 ARREST MAY BE MADE WITH WARRANT OF ARREST ISSUED BY KENYA COURT

Sometimes request to surrender fugitive criminals may be made verbally to the A.G if he is satisfied that
there are enough grounds to surrender the fugitive he will issue instruction to the magistrates to issue an
warrant of arrest for the wanted offender.

If the offender is arrested he will be proceeding in accordance with the laid down procedure. The
proceeding will thereafter be certified by the magistrate and forwarded to the A.G for his comments before
the offender is surrendered.
The A. G may agree to refuse the surrender of the fugitive.

8 OCCASION WHEN CERTAIN FUGITIVE OFFENDER WILL NOT BE

SURRENDERED
The following are some of the occasions when offender will not be surrendered to a demanding
country even if the offence alleged to have been committed or convicted of falls within the extradition
treaty with the respective country.
a. Offences which the A.G believes to be political of nature
b. Offenders whom the A.G believes are wanted to be prosecuted on account of their races,
religion, nationality or political opinion.
c. Offenders who are serving sentences or awaiting trial in Kenya (but they should later be
surrendered after completing their sentences.)
d. Offenders who the A.G believes to have been previously acquitted or convicted of the same
offences.
e. Offenders who are sought by more than two countries.
f. If the A.G feels that it is dangerous to the life or prejudicial to the health of the offender.

9 AUTHORITY TO PROCEED ON AGAINST A FUGITIVE OFFENDER IN COURT.

After the A.G is satisfied that the fugitive offer is wanted on the extraditable offence, he will then authorize
the court to proceed against the normally. The authority to the court by the A.G will normally be given after
the demanding country has sent a request in the following forms.
 a) Warrant for offenders wanted to be charged or who escaped after being charged.
b) Conviction certificate – for offenders already convicted and have escaped.

10. PROCEDURE FOR HEARING CASES OF EXTRADITION.

The magistrate who have been directed to hear such cases will treat the matter as preliminary inquiry i.e. he
has no powers to acquit the accused.
The evidence to be adduced in such cases will be on the following lines.
a) To show the offence is extraditable.
b) To show that the offence is not of political nature.
c) To identify that the accused is the person wanted to be extradited.
d) To state the offence alleged to have been committed can not be tried by Kenya courts.
After such brief evidence as indicated above have been adduced the it will be the turn of the fugitive offender
to defend himself and show cause why he should not be extradited back to the requesting country. The court
will therefore give a ruling on the matter ordering the offender either to be extradited or not to be extradited.
It is necessary to note that no evidence is adduced at all in an endeavor to prove the offence.

10. PROCEDURE F SURRENDERING THE OFFENDERS.

If the country is satisfied that there exist enough grounds to surrender the offender, then it will make such
ruling.

The offender will then be committed to prison custody for fifteen days (15) within which time he can apply
to the High Court for directions in the nature of HABEAS CORPUS.
If the direction in the nature of Habeas corpus are issued and an ruling given against the offender, or no
direction of habeas corpus at all was issued then the offender will be surrendered after 15 days to armed
person or persons.

It is generally understood that such offender shall only be tried for offences specified in the warrant or other
lesser trial. If it is desirable to charge him for another offence the offender must be accorded an opportunity
to return to Kenya where an extradition order will be issued again.

Under Cap.77, the demanding country may if it wishes to charge the offender has been specified in the
warrant after the offender has been extradited, request the returning country to do so. This authority must be
asked after 45 days after his arrival in that country.

12. TREATMENT OF OFFENDERS SURRENDERED TO KENYA.

When a fugitive offender has been surrendered to Kenya, the following conditions will be observed in as far
as the offender is concerned.
a) He will be tried for offences for which he was extradited only.
b) He may be tried for other offences, which were not specified on the extradition warrant if such
offences are of minor nature proved by evidence during the course of his trial on the extradited
offence.
c) If Kenya governments want to charge the offender another offence, then permission to do so from
the surrendering country must be obtained 45 days after the arrival of the offender in Kenya.
d) If 6 months have elapsed after the offender was returned to Kenya and no proceeding have been
preferred against him, then he shall be released from custody.
e) If the offender is acquitted after the trail or discharged him then he shall be released from Kenya
under section 35 (!) of the P.C the A.G may agree for the Kenya government to give the offender
traveling expenses to the country where he was extradited.

13. POWER OF HIGH COURT IN EXTRADITION CASES.

The court of Kenya has the following powers for prisoners who have been ordered to be extradited to
demanding countries.
a) If two months have elapsed after the extradition order was made and the demanding county does
not collect the prisoner, the high court could order the release of such prisoner.
b) After the offender is ordered to extradite, he may apply for direction in the nature of habeas
corpus. If the High Court is not convinced that the offender is the law full custody and extradition
was lawfully ordered, it may order his release from custody. The A.G will be informed and given
enough notice before the offender is released.
c) The High court may also order the release of an offender who has ordered to be extradited if:-
i. The offence he is accused of is trivial,
ii. Along time has passed since the commission of the offence.
iii. It considers that the accusation is not made in good faith and in the interest of Justice.
iv. The accusation appears unjust and oppressive to the offender.
14. RECIPROCAL BACKING OF WARRANTS.
Certain countries have what is referred to as reciprocal backings of Kenya warrants for extradition of
offenders. This means that although Kenya has no written extradition agreement with such countries, but the
Kenya Government is satisfied that reciprocal provisions will be made or have already been made in returning
fugitive criminals between the two countries.

When the above has been established the A.G will publish an order in the Kenya Gazette declaring that such
reciprocal Kenya. Such an order will thereafter be laid before the National Assembly. Matters of extradition
from that country will thereafter be laid before the National assembly. Matters of extradition from that
country will thereafter be dealt with, in the normal manner.

15. ACTION BY KENYA POLICE IF THEY WISH TO EXTRADITE AN OFFENDER FROM

ANOTHER COUNTRY.
All persons who commit offence to Kenya and run other countries can be extradited to Kenya to face trial
for such crimes whether they are Kenya Nationals or not except on the following conditions:-

➢ If the offender during the time committing the crime be enjoyed diplomatic immunity in Kenya and
such immunity has not been waived.

➢ The country has absented to his not designated or has not extradition agreement with Kenya or it has
no reciprocal backing or warrants.

The police officer investigating the case will do the following:-

• He will identify the author of the crime
• He will establish the country and If possible the address where the offender has absconded
to.
• He will thereafter forward the file to the A.G’S Chambers through the D.C.I.
• The A.G if notified that it is a suitable case for extradition will give such an advice and
return the file to the investigating officer.
• On receipt of the file, the investigating officer will type out charge sheet and register it with a
competent court of jurisdiction. He will thereafter swear up an affidavit and obtain a warrant
of arrest for the offender.
• The warrant of arrest together with a certified copy of the proceedings will be forwarded to
the A.G authentication.
• The authentication warrant will then be communicated to the country where the offender is
taking refuge by the A.G through the country diplomatic representative in Kenya.
• If the request to extradite the offender is then accepted, it will be necessary to send over an
identifying witness and a police officer for escorting the offender back to Kenya.

11 - SEXUAL OFFENCES ACT NO. 3 OF 2006

An act of parliament to make provisions about –

- Sexual offences
- Their definitions
- Prevention and the protection of all persons from unlawful sexual acts.

INTERPRETATIONS
Child – same meaning as in children Act (human being under the age of 18 years

COMPLAINANT
- Means the republic or
- The alleged victim of a sexual offence
- And in case of child or a person with mental disabilities, includes a person who lodges a complaint
on behalf of the child or person with disabilities where the victim is unable or inhibited from lodging
and following up a complaint of sexual abuse.

GENITAL ORGANS
Includes the whole or part of male or female genital organs and in this act includes the Anus.
GANG RAPE - Meaning assigned to it under section 10 of this Act.

INDECENT ACT - means any intentional act which causes

(a) Any conduct between the genital organs of a person, his or her breasts and buttocks with that of
another person.
(b) Exposure e or display of any pornographic material to any person against his or her will, but does
not include an act that causes penetration.

INTERMEDIARY - Means a person authorized by a court on account of his or her expertise to give
evidence on behalf of a vulnerable witness and may include a parent, relative, psychologist counsellor,
guardian, children officers or a social worker.

PERSON WITH MENTAL DISABILITIES

Means a person affected by any mental disability whether permanent or temporary, to the extent that at the
time of the alleged commission of the offence, was

a) Unable to appreciate the nature and reasonably foreseeable consequences of any act described under
this act..
b) Was able to appreciate and reasonably foreseeable consequences of such an act but unable to act in
accordance with that appreciation.
c) Unable to report the commission of any such act.
d) Unable to communicate his or her unwillingness to participate in such an act.

Ministers - The minister in charge legal affairs and public prosecutions.

Penetration - means the partial or complete insertion of the genital organs of a person into the genital organs
of another person.

VULNERABLE PERSON – means a child, a person with mental disabilities or an elderly person and
vulnerable witness shall mean the same.

RAPE – SEC. 3 (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.
c) The consent is obtained by force or by means of threats or intimidation of any kind..
d) In this section the term intentionally and unlawful has the meaning assigned to section [43}
e) A person guilty of an offence under this section is liable on conviction to imprisonment of a term not
less than ten years which may be enhanced to life imprisonment.

SECTION 4 ATTEMPTED RAPE

Any person who attempts or intentionally and unlawfully to do an act which causes penetration with his or
her genital organs is guilty of the offence of attempted rape and on conviction is liable to imprisonment for a
term not less than five years and which may be sentenced to 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.
(iii) Manipulates any part of his or her body or the body of another person so as to cause penetration
of the genital organ 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 that ten years but which may be sentenced to life imprisonment.

SECTION 8 DEFILEMENT

1. Any person who commits an act which causes penetration with a child 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 20 years.

4. A person who commits an offence of defilement with a child aged between sixteen and eighteen years is
liable upon conviction for imprisonment of less than fifteen years.

5. It is a defence to a charge under this section if:-

a) It is proved that such child deceived the accused person into behaving that he or she was over the age
of eighteen years at the time of the alleged commission of the offence.
b) The accused reasonably believed that the child was over the age of eighteen years.

6. The belief referred to in subjection 5 (b) above will be determined with due regard to all the circumstances
including any steps taken by the accused person to ascertain the age of the complainant.

7. When the accused charged with an offence under this act is below the age of eighteen years, the court may
upon conviction, sentence the accused in accordance with the provisions of the Borstal Institution Act and the
children’s act.

SEC. 10 GANG RAPE

Any person who commits the offence of rape or defilement under this act in association with others is guilty
of an offence termed gang rape and upon conviction is liable to imprisonment for a term of not less fifteen
years but which may be enhanced to imprisonment for life.

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
▪ Grand-daughter
▪ Sister
▪ Mother
▪ Niece
▪ Aunt or
▪ Grandmother

Is guilty of an offence of incest and liable for imprisonment for a term of not less than ten years.
2. Any person who is found guilty of the offence of attempt to commit incest is liable upon conviction
to imprisonment for a term of not less than ten years.
3. Upon conviction of a male person for an offence under this section the court may issue order as
provided in section 114 of the children act. In addition to removing any authority the offender could
have over such female, remove the offence from such guardianship and appoint another person to be
the guardian.

In addition to removing any authority the offender could have over the female remove the offender from such
guardian ship and appoint another person to be the guardian.

SEC. 21 INCEST BY FEMALE PERSONS

The provisions of section 20 will apply. Similarly to any female person who commits an indecent act or an
act which causes penetration with a male person who is to her knowledge his:-
• Son,
• Father,
• Grandson
• Grandfather
• Brother
• Nephew or
• Uncle.
SEC. 23 SEXUAL HARASSMENT
1. Any person who being in a position of authority or holding a public office, persistently makes any sexual
advances or requests which he or she knows or has reasonable grounds to know, are an unwelcome is guilty of
sexual harassment and shall be liable on conviction for imprisonment for a term of not less than three years or
to a fine of not less than 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 the advances are made is intended to be used as a
basis of employment or of a service to a member of the public in the case of a public office.

b) Such advances or requests have the effect of interfering with the alleged victims work, or educational
performance or creating an offensive working or learning environment for the alleged victims or denial
of a service due to the member of the public from a public officer.

SEC. 38 OFFENCE TO MAKE FALSE ALLEGATIONS

Any person who makes false allegations against another person to the effect that the person has committed an
offence under this act is guilty of an offence and shall be liable to punishment equal to that for the offence
complained of.

SEC. 41 EXTRA TERRITORIAL JURISDICTION

1. A person who is a citizen of or permanently resides in Kenya commits an act outside Kenya, which
would constitute a sexual offence if committed in Kenya, is guilty of an offence and liable for the
penalty prescribed for the offence in this act.

2. A person will however not be convicted for such an offence if he had been convicted or acquitted in
that country, this offence was committed.

SEC. 42 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 that choice.

SEC. 43 INTENTIONAL AND UNLAWFUL ACTS

1. An act is intentional and unlawful if it is committed in :

a) In any coercive circumstance
b) Under false sentences or by fraudulent means or
c) In respect of a person who is incapable of appreciating the nature of an act which causes the
offence.

2. Coercive Circumstances referred in 1(a) include:-

i) Use of force against the complainant or another person or against the property of the
complainant or that of the other person.
ii) Threat of harm against the complainant or another person or against the property of the
complainant or that of any other person.

iii) Abuse of power or authority to the extent that the person in respect of the act is committed
is inhibited from indicating his or her resistance to such act or unwillingness to participate in
such an act.

3. False pretence or fraudulent means referred in section 1(b) include circumstances where a person
(i) In respect of whom an act is being committed, is led to believe that he or she is committing such an
act with a particular person who is in fact a different person.

(ii) In respect of whom an act is being committed, is led to believe that such an act is
something other than the act.

(iii) 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 transmissible disease.
 4. The circumstances in which a person is incapable in law of appreciating the nature of an act referred
to in sub section 1. C Include circumstances where such a person is at the time of the commission
of such act:-
(i) A sleep
(ii) Unconscious
(iii) In an altered (induced) state of consciousness
(iv) Under the influence of medicine, drug, alcohol or other substance to the extent
that the person‘s consciousness or judgement is adversely affected.
(v) Mentally impaired or
(vi) A child.
5. This section shall not apply in respect of persons who are lawfully married to each other.

SECOND SCHEDULE

CONSEQUENTIAL AMENDMENTS AND REPEALS

1. The following sections in the Penal Code have been repealed. 139, 140, 141, 142, 143, 144, 145,
147, 148, 149, 161, 164, 166, 167 and 168.
Read – amendments in the Evidence Act Sec. 124, 127.
CPC Sec. 184, 185, 186.

11 - CRIME AND SOCIETY:

We live in a dynamic society where crime trends change from time to time. With the advancement in
technology, poverty and unemployment, there has been an increase in the crime rate. This has been
compounded by the fact that resources for crime control have dwindled over the years. At the same time the
public demand for police service far outstrips its supply.

Crime may be taken to mean behaviours and activities that break the legal code or moral values of the society.
The crime – free society is an impossible dream. Crime is inevitable and in eradicable; therefore we only strive
to contain it, within tolerable bounds. Eradicating crime is too high a price to pay in resource terms. The
society is therefore left with no option but to compromise with crime. As such the existence of crime is an
accepted part of a liberal society.

Crime can be looked at from as many vantage points as possible and these include:-
• Legal perspective.
• Point of view of the victim.
• Point of view of the offender.
• The moralist point of view.
• The economist and sociologist point of view.

According to the legal perspective, crime is said to be a product of law since it is the law that defines it and
makes it punishable. It is therefore left to be the responsibility of the legal fraternity to establish some legal
frameworks that if enforced properly may reduce crime.

In view of the victim, not only can it be said that a society, which neglects the victims of crime, condones
crime, but there also exists another compelling reason for society, through the state, to concern itself with this
aspect of the matter. Since all citizens are victims of crime, as of disease, it behoves the state to exert its
resources to study the question of victimization, its likelihood, its consequences and its remedies. The general
public are entitled to have information on local crime in order that they may demand action or that they may
make action themselves to prevent their own victimization.
In view of the offender, it is argued that most offences never come to official notice. It is probably fair to
say offenders, as a whole, that they are truly representation of all kinds of people. There’s no specific class in
the society that can be called a criminal class. Offenders are therefore classified into two classes namely:
➢ Professional criminals: Those who devote themselves to full time crime and base
their way of life upon its opportunities.
➢ White collar criminals: These are part time criminals like fraudsters. Since it is
associated with people who appear to be “decent”, it often attracts less
condemnation than other crimes.
The fourth approach to the consideration of crime may be a moral one. Moral values are generally relative
since what is morally good in one society may not necessarily be good to the other. Thus its application may
not be universalised. Therefore it remains the responsibility of the entire society to strike a deal between
moral laws and legal laws.

From the economist point of view, crime commission and its control reveal a big challenge to the society.
Without being cynical, crime provides a livelihood for a wide variety of people, some of whom become rich
because of it. Moreover, crime is so widespread that to pursue its total eradication would run the risk of
bankrupting the Nation. This demands for a thorough evaluation of the economics of crime control.

Finally, it is also possible to view crime from the social perspective of the changes that takes place in the
society. Social changes such as education, urbanization, migrations, intermarriages and divorce e t c brings
along with them various criminal activities. Thus it can be aptly said that crime is a product of the society.
The importance of the involvement of the society in providing public safety and security cannot be therefore
overstated. There must be plausible strategies in place to deal with crime.

However, it is not sensible to talk of one single strategy for the prevention and detection of all criminal
offences, but rather of a range of strategies depending on the degree of social damage being inflicted by the
offence.

There’s no doubt that a great deal of crime stems from inferior living conditions that induce despair. The
beginning of the strategy for the control of crime must therefore begin with the reduction of abject poverty,
discrimination, injustice and urban decay.

The second strategy is one of cooperation against crime. Every person is a potential victim and most of them
are potential offenders. All government departments and ministries, local authorities and communities must
be involved in crime management.

In the police circles, as one of the law enforcement agencies, it remains part of their objective to establish
the extent and distribution of crime in the society; that is to find out whether it is general and normal in all
societies, or whether it is a marginal and exceptional activity. It is also part of their objectives to attempt to
ground itself in an empirical knowledge of the patterns, incidences and variations in criminal behaviour,
drawing in more systematic information.

POLICE WAYS OF PREVENTING AND REDUCING CRIME.

• By intelligent patrolling of a police station area by constables on beat or patrol duties. Not
only are patrols and beats a deterrent to the criminal element of the population, but they
give a sense of security to law abiders.
• By gaining intimate knowledge of station area and residents including the full particulars of
known criminals, suspected and wanted persons.
• By cultivating contacts with all classes in the society and especially with the potential
criminals.
• By enforcing all the local and special laws applicable in the area.
• By successfully detecting any crime committed in the area, make arrests and prosecute
those found to be guilty.
• By holding security talks with the residents in public meetings and forums. This is aimed at
involving and integrating the public in crime management.
• By organizing police operations (swoops) to crackdown criminals and confiscate weapons
and firearms illegally acquired which may be used in committing crimes.
• By collecting and collating intelligence information and planning a head of criminals.
• By maintaining criminal records including matters relating to fingerprints, hand writing
comparison, ballistic and medical legal matters.

CONCLUSION:
In conclusion crime is a social problem whose management cannot be left to particular sector of the society.
The approach to its control must involve a multifaceted strategy. We should not only strive to deal with its
effects but rather we must also focus on its causes