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-
(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.

PART I – GENERAL PROVISIONS

CHAPTER V – PARTIES TO OFFENCES

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—
(d) counsels or procures any person to commit the offence.

PART VI – SERVICE OFFENCES

Offences concerning Courts Martial and other Authorities

132. Aiding, abetting, counselling or procuring
(1) Where a person subject to this Act who aids, abets, counsels or procures the commission by another person of an offence to which this Act applies, that person commits an offence.

PART VI – SERVICE OFFENCES

Offences concerning Courts Martial and other Authorities

132. Aiding, abetting, counselling or procuring
(3) A person subject to this Act who aids, abets, incites, counsels, procures or connives at the commission by another person of an offence under any of the provisions of this Part commits an offence and shall be liable to be charged, tried, and on conviction by a court-martial, punished as a principal offender.

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);