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

121. Offences relating to judicial proceedings
(1) Any person who—
(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

PART I—PRELIMINARY

Offences Against Administration of Justice

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.

PART I—PRELIMINARY

Offences Against Administration of Justice

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.

PART I—PRELIMINARY

Offences Against Administration of Justice

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.

36. Evidence of medical, forensic and scientific nature

Notwithstanding the provisions of section 26 of this Act or any other law, where a person is charged with committing an offence under this Act, the court may direct that an appropriate sample or samples be taken from the accused person, at such place and subject to such conditions as the court may direct for the purpose of forensic and other scientific testing, including a DNA test, in order to gather evidence and to ascertain whether or not the accused person committed an offence.

The sample or samples taken from an accused person in terms of subsection (1) shall be stored at an appropriate place until finalization of the trial.

The court shall, where the accused person is convicted, order that the sample or samples be stored in a databank for dangerous sexual offenders and where the accused person is acquitted, order that the sample or samples be destroyed.

The dangerous sexual offenders databank referred to in subsection (3) shall be kept for such purpose and at such place and shall contain such particulars as may be determined by the Minister.

Where a court has given directions under subsection (1), any medical practitioner or designated person shall, if so requested in writing by a police officer above the rank of a constable, take an appropriate sample or samples from the accused person concerned.

An appropriate sample or samples taken in terms of subsection (5)—

shall consist of blood, urine or other tissue or substance as may be determined by the medical practitioner or designated person concerned, in such quantity as is reasonably necessary for the purpose of gathering evidence in ascertaining whether or not the accused person committed an offence or not; and

in the case of blood or tissue sample, shall be taken from a part of the accused person’s body selected by the medical practitioner or designated person concerned in accordance with accepted medical practice.

Without prejudice to any other defence or limitation that may be available under any law, no claim shall lie and no set-off shall operate against—

the State;

any Minister; or

any medical practitioner or designated persons, in respect of any detention, injury or loss caused by or in connection with the taking of an appropriate sample in terms of subsection (5), unless the taking was unreasonable or done in bad faith or the person who took the sample was culpably ignorant and negligent.

Any person who, without reasonable excuse, hinders or obstructs the taking of an appropriate sample in terms of subsection (5) shall be guilty of an offence of obstructing the course of justice and shall on conviction be liable to imprisonment for a term of not less than five years or to a fine of not less fifty thousand shillings or to both.

Keeping scene of crime secure, etc.

Any person who intentionally interferes with a scene of crime or any evidence relating to the commission of an offence under this Act is guilty of an offence and is liable upon conviction to imprisonment for a term of not less than three years or to a fine of one hundred thousand shillings or to both.

Interference referred to in subsection (1) includes but is not limited to—

tampering with a scene of crime;

interference or intimidation of witnesses; and

any other act or omission that would hinder or obstruct investigations or materially misrepresent any evidence.

30F. Prohibition against intimidation, harassment etc.
(1) A person shall not intimidate, harass, obstruct, threaten, hinder or preventa witness with intention to subvert the course of justice.
(2) A person who contravenes the provisions of subsection (1) commits anoffence and is liable, on conviction, to a term of imprisonment not exceeding five years.