PART I – GENERAL PROVISIONS

CHAPTER V – PARTIES TO OFFENCES

21. Joint offenders in prosecution of common purpose
When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence.

PART II – CRIMES

Division VIII – Attempts and Conspiracies to Commit Crimes and Accessories after the Fact

CHAPTER XLI – CONSPIRACIES

393. Conspiracy to commit felony
Any person who conspires with another to commit any felony, or to do any act in any part of the world which if done in Kenya would be a felony, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of a felony and is liable, if no other punishment is provided, to imprisonment for seven years, or, if the greatest punishment to which a person convicted of the felony in question is liable is less than imprisonment for seven years, then to that lesser punishment.

394. Conspiracy to commit misdemeanour
Any person who conspires with another to commit a misdemeanour, or to do any act in any part of the world which if done in Kenya would be a misdemeanour, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of a misdemeanour.

PART VI – SERVICE OFFENCES

General provisions on offences and trials

57. Persons guilty of an offence
(3) Where two or more persons form an intention in common to carry out an unlawful purpose and to, assist each other in carrying out the common purpose, each of them commits an offence and anyone who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is party to and guilty, upon conviction by a court-martial,
of that offence.

PART I—PRELIMINARY

International Crimes

7. (1) For the purposes of proceedings for an offence under section 6, the following provisions of the Rome Statute shall apply, with any necessary modifications—

(d) article 25 (which relates to principles of individual criminal responsibility);