Conspiracy

Kenya

Kenya - Criminal Code 1930 (2018) EN

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 IV – Offences against the Person

CHAPTER XXI – OFFENCES CONNECTED WITH MURDER AND SUICIDE

224. Conspiracy to murder
Any person who conspires with any other person to kill any person, whether that
person is in Kenya or elsewhere, is guilty of a felony and is liable to imprisonment for fourteen years.

225. Aiding suicide
Any person who—
(a) procures another to kill himself; or
(b) counsels another to kill himself and thereby induces him to do so; or
(c) aids another in killing himself,
is guilty of a felony and is liable to imprisonment for life.

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.

Kenya - International Crimes Act 2008 EN

PART I—PRELIMINARY

International Crimes

6. (2) A person who, in Kenya or elsewhere, conspires or attempts to commit, or is an accessory after the fact in relation to, or who counsels in relation to, an offence mentioned in subsection (1) is guilty of an offence.

Rome Statute

Article 25 Individual criminal responsibility

3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:

(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:

(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or

(ii) Be made in the knowledge of the intention of the group to commit the crime;