PART II – CRIMES

Division II – Offences against the Administration of Lawful Authority

CHAPTER X – ABUSE OF OFFICE

103. Unauthorized administration of oaths
Any person who administers an oath, or takes solemn declaration or affirmation or affidavit, touching any matter with respect to which he has not by law any authority to do so is guilty of a misdemeanour and is liable to imprisonment for one year:
Provided that this section shall not apply to an oath, declaration, affirmation or affidavit administered by or taken before a magistrate in any matter relating to the preservation of the peace or the punishment of offences or relating to inquiries respecting sudden deaths, nor to an oath, declaration, affirmation or affidavit administered or taken for some purpose which is lawful under the laws of another country, or for the purpose of giving validity to an instrument in writing which is intended to be used in another country.

PART II – CRIMES

Division II – Offences against the Administration of Lawful Authority

CHAPTER XI – OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

108. Perjury and subornation of perjury
(a) Any person who, in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then pending in that proceeding or intended to be raised in that proceeding, is guilty of the misdemeanour termed perjury.
(b) It is immaterial whether the testimony is given on oath or under any other sanction authorized by law.
(c) The forms and ceremonies used in administering the oath or in otherwise binding the person giving the testimony to speak the truth are immaterial, if he assent to the forms and ceremonies actually used.
(d) It is immaterial whether the false testimony is given orally or in writing.
(e) It is immaterial whether the court or tribunal is properly constituted,mor is held in the proper place or not, if it actually acts as a court or tribunal in the proceeding in which the testimony is given.
(f) It is immaterial whether the person who gives the testimony is a
competent witness or not, or whether the testimony is admissible in the proceeding or not.
(2) Any person who aids, abets, counsels, procures or suborns another person to commit perjury is guilty of the misdemeanour termed subornation of perjury.

109. False statements by interpreters
If any person, lawfully sworn as an interpreter in a judicial proceeding, wilfully makes a statement material in the proceeding which he knows to be false, or does not believe to be true, he shall be guilty of perjury.

PART II – CRIMES

Division II – Offences against the Administration of Lawful Authority

CHAPTER XI – OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

110. Punishment of perjury and subornation of perjury
Any person who commits perjury or suborns perjury is liable to imprisonment for seven years.

PART II – CRIMES

Division II – Offences against the Administration of Lawful Authority

CHAPTER XI – OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

111. Evidence of perjury or subornation of perjury
A person cannot be convicted of committing perjury or of subornation of perjury solely upon the evidence of one witness as to the falsity of any statement alleged to be false.

112. Contradictory statements
(1) Where a witness in any judicial proceedings (other than a person accused of an offence in criminal proceedings) has made a statement on oath or affirmation of some fact relevant in the proceedings, contradicting in a material detail a previous statement made on oath or affirmation by the same witness before the same court or any other court or tribunal, such witness, if a court is satisfied that either of such statements was made with intent to deceive, is guilty of an offence and is liable to imprisonment for a term not exceeding two years.
(2) Upon the trial of any person for an offence under this section, it shall not be necessary to prove the falsity of either of the contradictory statements, but, upon proof that both the statements were made by him, the court, if satisfied that the statements, or either of them, were or was made with intent to deceive, shall convict the accused.
(3) At the trial of any person for an offence under this section, the record of a court or tribunal containing any statement made on oath or affirmation by the person charged shall be prima facie evidence of such statement.
(4) For the avoidance of doubt, it is hereby declared that a person shall be liable to be convicted of an offence under this section notwithstanding that any statement made by him before a court or tribunal was made in reply to a question which he was bound by law to answer, and any such statement shall be admissible in any proceedings under this section.

112A. Malicious information
(1) Any person who, with intent to cause harm or inconvenience to another
person, gives or makes to—
(a) any magistrate or member of the police force; or
(b) any officer having power to apprehend or order the apprehension of offenders, any information or complaint in relation to that other person that he knows to be false is guilty of a misdemeanour or, where subsection (3) or (4) applies, of a felony.
(2) Where, as a result of an offence under this section, any person sustains actual bodily harm, the offender shall on conviction be liable to be punished as for assault occasioning actual bodily harm.
(3) Where, as a result of an offence under this section, any person sustains grievous harm, the offender shall on conviction be liable to be punished as for doing grievous harm.
(4) Where, as a result of an offence under this section, any person dies, the offender shall on conviction be liable to be punished as for manslaughter.
(5) For the purposes of this section, any harm to or death of a person shall be deemed to have resulted from an offence under this section if the court is satisfied that, as a matter of fact, and without regard to the actions or motivations of any person other than the offender, the harm would not have been done or the death would not have occurred, as the case may be, if the offence had not been committed.

PART II – CRIMES

Division II – Offences against the Administration of Lawful Authority

CHAPTER XI – OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

113. Fabricating evidence
Any person who, with intent to mislead any tribunal in any judicial proceeding—
(a) fabricates evidence by any means other than perjury or subornation of perjury; or
(b) knowingly makes use of such fabricated evidence, is guilty of a misdemeanour and is liable to imprisonment for seven years.

PART II – CRIMES

Division II – Offences against the Administration of Lawful Authority

CHAPTER XI – OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

114. False swearing
Any person who swears falsely or makes a false affirmation or declaration before any person authorized to administer an oath or take a declaration upon a matter of public concern under such circumstances that the false swearing or declaration if committed in a judicial proceeding would have amounted to perjury, is guilty of a misdemeanour.

PART II – CRIMES

Division II – Offences against the Administration of Lawful Authority

CHAPTER XI – OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

115. Deceiving witnesses
Any person who practises any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token or writing to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of such person as a witness, is guilty of a misdemeanour.

116. Destroying evidence
Any person who, knowing that any book, document or thing of any kind whatsoever is or may be required in evidence in a judicial proceeding, wilfully removes or destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, is guilty of a misdemeanour.

117. Conspiracy to defeat justice and interference with witnesses
Any person who—
(a) conspires with any other person to accuse any person falsely of any crime or to do anything to obstruct, prevent, pervert or defeat the course of justice; or
(b) in order to obstruct the due course of justice, dissuades, hinders or prevents any person lawfully bound to appear and give evidence as a witness from so appearing and giving evidence, or endeavours to do so; or
(c) obstructs or in any way interferes with or knowingly prevents the execution of any legal process, civil or criminal, is guilty of an offence and is liable to imprisonment for five years.

PART II – CRIMES

Division II – Offences against the Administration of Lawful Authority

CHAPTER XI – OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

118. Compounding felonies
Any person who asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person upon any agreement or understanding that he will compound or conceal a felony, or will abstain from, discontinue or delay a prosecution for a felony, or will withhold any evidence thereof, is guilty of a misdemeanour.

PART II – CRIMES

Division II – Offences against the Administration of Lawful Authority

CHAPTER XI – OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

119. Compounding penal actions
Any person who, having brought, or under pretence of bringing, an action against another person upon a penal law in order to obtain from him a penalty for any offence committed or alleged to have been committed by him, compounds the action without the order or consent of the court in which the action is brought or is to be brought, is guilty of a misdemeanour.

PART II – CRIMES

Division II – Offences against the Administration of Lawful Authority

CHAPTER XI – OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

121. Offences relating to judicial proceedings
(1) Any person who—
(b) having been called upon to give evidence in a judicial proceeding, fails to attend, or having attended refuses to be sworn or to make an affirmation, or, having been sworn or affirmed, refuses without lawful excuse to answer a question or to produce a document, or remains in the room in which such proceeding is being had or taken, after the witnesses have been ordered to leave such room; or
(c) causes an obstruction or disturbance in the course of a judicial proceeding; or
(d) while a judicial proceeding is pending, makes use of any speech or writing misrepresenting such proceeding or capable of prejudicing any person in favour of or against any parties to such proceeding, or calculated to lower the authority of any person before whom such proceeding is being had or taken; or
(e) publishes a report of the evidence taken in any judicial proceeding which has been directed to be held in private; or
(f) attempts wrongfully to interfere with or influence a witness in a judicial proceeding, either before or after he has given evidence, in connexion with such evidence; or
(g) dismisses a servant because he has given evidence on behalf of a certain party to a judicial proceeding; or
(h) wrongfully retakes possession of land from any person who has recently obtained possession by a writ of court; or
(i) commits any other act of intentional disrespect to any judicial proceedings, or to any person before whom such proceeding is being had or taken,
is guilty of an offence and is liable to imprisonment for three years

PART VI – SERVICE OFFENCES

Offences concerning Courts Martial and other Authorities

107. False evidence
(1) A person subject to this Act who, having been lawfully sworn as a witness or as an interpreter in proceedings before a court-martial or before any board or person having power under this Act to administer oaths, makes a statement that is material in those proceedings, knowing it to be false, or not believing it to be true, commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding seven years or any lesser punishment provided for by this Act.

(2) A person shall not be liable of an offence under this section solely upon the evidence of one witness as to the falsity of any statement alleged to be false.

PART II—INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Offences Against Administration of Justice

9. (1) A person who, being a judge
or an official of the ICC,
corruptly accepts, obtains,
agrees to accept or attempts to
obtain for himself or any other
person any money, valuable
consideration, office, place or
employment—
(a) in respect of anything done or omitted, or to be done or omitted, by him in his official capacity; or
(b) with intent to interfere in any other way with the administration of justice of the ICC,
is guilty of an offence and liable on conviction to imprisonment for a term of not more than fourteen years.

(2) A person who corruptly gives or offers to a judge or an official of the ICC any money, valuable consideration, office, place or employment—
(a) in respect of anything done or omitted, or to be done or omitted, by him in his official capacity, or
(b) with intent to interfere in any other way with the administration of justice of the ICC,
is guilty of an offence and liable on conviction to imprisonment for a term of not more than fourteen years.


10. (1) A person who wilfully attempts
in any manner
to obstruct, pervert or defeat the
course of justice of the ICC is guilty
of an offence and liable on
conviction to imprisonment for a
term of not more than five years.

(2) Without limiting the generality of subsection (1), a person shall be deemed wilfully to attempt to obstruct, pervert or defeat the course of justice if, in any existing or proposed proceedings of the ICC, he—
(a) dissuades or attempts to dissuade a person by threats, bribes or other corrupt means from giving evidence; or
(b) accepts, obtains, agrees to accept or attempts to obtain a bribe or other corrupt consideration to abstain from giving evidence.
11. A person who resists or wilfully obstructs an official of the ICC in the execution of his duty, or any person lawfully acting in aid of such an official, is guilty of an offence and liable on conviction to imprisonment for a term of not more than two years.

12. (1) A person who, with intent to
mislead, makes a false statement under
oath or solemn affirmation before a judge of
the ICC or an official of that Court who is
authorized by the Court to permit statements
to be made before him, knowing that the
statement is false, is guilty of the offence of
perjury and liable on conviction to
imprisonment for a term of not more than
seven years.
(2) Subsection (1) shall apply—

(a) whether or not the statement is made in judicial proceedings of the ICC; and
(b) whether the statement is made by affidavit, solemn declaration or deposition or orally.
(3) Subsection (1) shall not apply to a statement that is made by a person who is not specially permitted, authorized or required by law to make that statement.

13. (1) A person who—
(a) being a witness in any proceedings of the ICC, gives evidence with respect to any matter of fact or knowledge;
(b) later, in any proceedings of the Court, gives evidence that is contrary to his previous evidence; and
(c) in giving his evidence in either proceedings, does so with intent to mislead, is guilty of an offence and liable on conviction to imprisonment for a term of not more than two years, whether or not the prior or later evidence is true.

(2) In this section, "evidence" does not include evidence that is not material.
(3) If a person is charged with an
offence under this
section, a certificate that specifies with reasonable particularity the proceedings in which the person is alleged to have given the evidence in respect of which the offence is charged shall be evidence that it was given in proceedings of the ICC.

(4) A certificate referred to in subsection (3) shall be admissible without proof of the signature or official character of the person by whom the certificate purports to be signed, if it purports to be signed by the Registrar of the ICC or another official having the custody of the record of the proceedings concerned or by his lawful deputy.

.

14. Every person who, with intent to mislead, fabricates anything with intent that it be used as evidence in any existing or proposed proceedings of the ICC, by any means other than perjury or incitement to perjury, is guilty of an offence and liable on conviction to imprisonment for a term of not more than seven years.



15. A person who, in respect of any existing or
proposed proceedings of the ICC—
(a) signs a document that purports to be an affidavit or statutory declaration and to have been sworn or declared before him when the document was not so sworn or declared or when he knows that he has no authority to administer the oath or declaration;
(b) uses or offers for use any document writing purporting to be an affidavit or statutory declaration that he knows was not sworn or declared, as the case may be, by the affiant or declarant or before a person authorized to administer the oath or declaration; or
(c) signs as affiant or declarant a document that purports to be an affidavit or statutory declaration and to have been sworn or declared by him, as the case may be, when the document was not so sworn or declared, is guilty of an offence and liable on conviction to imprisonment for a term of not more than two years. 10
16. Every person who, wrongfully and without lawful
authority—
(a) for the purpose of compelling another person to abstain from doing anything that the person has a lawful right to do; or
(b) to do anything that the person has a lawful right to abstain from doing, in relation to any proceedings of the ICC, causes the person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to the person is guilty of an offence and liable on conviction to imprisonment for a term of not more than five years.


17. (1) A person who, by act or omission, does any thing against a person or a member of the person's family in
retaliation for the person's having given testimony before the
ICC is guilty of an offence and liable on conviction to
imprisonment for a term of not more than five years.

(2) A person who conspires or attempts to commit, or is an accessory after the fact in relation to, or counsels in relation to, an offence under subsection (1) is guilty of an offence and liable on conviction to imprisonment for a term of not more than five years.

18. A person who is alleged to have committed an
offence under any of sections 9 to 17 may be tried and
punished in Kenya for that offence if—
(a) the act or omission constituting the offence is alleged to have been committed in Kenya or on board an aircraft or vessel which is registered in Kenya; or
(b) at the time the offence is alleged to have been committed, the person was a Kenyan citizen or was employed by Kenya in a civilian or military capacity; or
(c) the person is, after commission of the offence, present in Kenya
(2) A trial authorised by this section to be conducted in Kenya may be conducted in any court of competent jurisdiction.

19. (1) If the ICC makes a request for assistance in
any investigation or proceedings involving an offence

against the administration of justice, that request
shall be dealt with—
(a) in the case of a request for surrender— in the manner provided in Parts III and IV, which Parts shall apply with any necessary modifications and subject to any contrary provision in the Rome Statute or the ICC Rules;
(b) in the case of a request for enforcement of an order requiring reparation or the payment of a fine or a forfeiture order— in the manner provided in Parts III and VI, which Parts shall apply with any necessary modifications and subject to any cont¬rary provision in the Rome Statute or the ICC Rules;
(c) in the case of a request for transit— in the manner provided in sections 131 to 133 and 145 to 151, which sections shall apply with any necessary modifications and subject to any contrary prov¬ision in the Rome Statute or the ICC Rules; and
(d) in the case of a request for any other type of assistance— in the manner provided in Parts III and V, which Parts (and, if applicable, Part VIII) shall apply with any necessary modifications and subject to any contrary provision in the Rome Statute or the ICC Rules.

(2) In addition to the grounds of refusal or postponement specified in Parts IV and V, a request for surrender or other assistance that relates to an offence involving the administration of justice may be refused if, in the opinion of the Minister or the Attorney-General, as the case may be, there are exceptional circumstances that would make it unjust or oppressive to surrender the person or give the assistance requested.

(3) Where, pursuant to subsection (2), the Minister or the
Attorney-General is of the opinion that there are exceptional circumstances that would make it unjust or oppressive to surrender the person or give the assistance requested, the Minister or the Attorney General, as the case may be, shall give the reasons underlying his opinion.

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

51.

(3) The only grounds on which surrender to the ICC may be refused are those specified in this section and, if applicable, section 19 (2), and no restrictions on surrender specified in the Extradition (Commonwealth Countries) Act or the Extradition (Contiguous and Foreign Countries) Act shall apply in relation to a request for surrender from the ICC.

30C. Obstruction of the staff of the Agency
A person who assaults, resists or willfully obstructs a member of staff of the Agency or a person acting under the direction of that member of staff in the due execution of his duties under this Act, commits an offence and is liable on conviction —
(a) for a first offence, to a fine not exceeding one million shillings; and
(b) for a second or subsequent offence, to imprisonment for a term not exceeding five years.
[Act No. 2 of 2010, s. 28.]

Witness Protection
30D. Prohibition of access to premises of the Agency.
(1) The Cabinet SecretaryMinister responsible for internal security may, on the requestofrequest of the Director, by notice in the Gazette or in any other manner as it may be necessary in the circumstances, prohibit or restrict access to land or premises under the control of the Agency.
(2) The Agency may take or cause to be taken measures as it may considernecessaryconsider necessary for the security of, or the application of, a prohibition of or a restriction on access to land or premises referred to in subsection (1), and may in connection with measures taken cause notices to be published or warning notices to be erected as it may, in each particular case, consider necessary.
(3) A person who enters upon or is on land or premises in contravention ofaof a prohibition or restriction under subsection (1) commits an offence and is liable on conviction to a fine of not less than five hundred thousand shillings, or to imprisonment for a term not exceeding three years or to both.
[Act No. 2 of 2010, s. 28, Act No. 18 of 2018, Sch28.]