PART I – GENERAL PROVISIONS

CHAPTER V – PARTIES TO OFFENCES

20. Principal offenders
(1) When an offence is committed, each of the following persons is deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with actually committing it, that is to say-
(a) every person who actually does the act or makes the omission which constitutes the offence;
(b) every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence;
(c) every person who aids or abets another person in committing the offence;
(d) any person who counsels or procures any other person to commit the offence,
and in the last-mentioned case he may be charged either with committing the offence or with counselling or procuring its commission.
(2) A conviction of counselling or procuring the commission of an offence entails the same consequences in all respects as a conviction of committing the offence.
(3) Any person who procures another to do or omit to do any act of such a nature that, if he had himself done the act or made the omission, the act or omission would have constituted an offence on his part is guilty of an offence of the same kind, and is liable to the same punishment, as if he had himself done the act or made the omission; and he may be charged with doing the act or making the omission.

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.

22. Counselling another to commit offence
(1) When a person counsels another to commit an offence, and an offence is actually committed after such counsel by the person to whom it is given, it is immaterial whether the offence actually committed is the same as that counselled or a different one, or whether the offence is committed in the way counselled or in a different way, provided in either case that the facts constituting the offence actually committed are a probable consequence of carrying out the counsel.
(2) In either case the person who gave the counsel is deemed to have counselled the other person to commit the offence actually committed by him.

PART VI – SERVICE OFFENCES

General provisions on offences and trials

57. Persons guilty of an offence
(1) A person who is subject to this Act is party to and guilty, upon conviction by a court-martial, of an offence, if that person—
(a) actually commits the offence;
(b) does or omits to do anything for the purpose of aiding any person to
commit the offence;
(c) abets any person in committing the offence; or
(d) counsels or procures any person to commit the offence.

(2) A person subject to this Act who, having an intent to commit an offence, does or omits to do anything for the purpose of carrying out the intention is guilty of an attempt to commit the offence whether or not it was possible under the circumstances to commit the 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 VI – SERVICE OFFENCES

Offences concerning Courts Martial and other Authorities

131. Attempt to commit an offence
A person subject to this Act who attempts to commit an offence under any of the provisions of this Act commits an offence and shall be liable, on conviction by a court-martial, to—
(a) imprisonment for a term not exceeding seven years, if the attempted offence is punishable by death or by imprisonment for life; or
(b) the same punishment as is provided for the attempted offence, in this Act or any other law.

3. Grave breach of Convention

(1) Any person, whatever his nationality, who, whether within or outside Kenya commits, or aids, abets or procures the commission by any other person of any grave breach of any of the Conventions such as is referred to in the following articles respectively of those Conventions—

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.

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);

6. Compelled or induced indecent acts

A person who intentionally and unlawfully compels, induces or causes another person to engage in an indecent act with—

the person compelling, inducing or causing the other person to engage in the act;

a third person;

that other person himself or herself; or

an object, including any part of the body of an animal, in circumstances where that other person—

would otherwise not have committed or allowed the indecent act; or

is incapable in law of appreciating the nature of an indecent act, including the circumstances referred to in section 43,

is guilty of an offence and is liable upon conviction to imprisonment for a term which shall not be less than five years.