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

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 II – CRIMES

Division IV – Offences against the Person

CHAPTER XXXV – PUNISHMENT FOR FORGERY

351. Forgery of judicial or official document
Any person who forges any judicial or official document is liable to imprisonment for seven years.

352. Forgery of, and other offences in relation to, stamps
Any person who—
(a) forges any stamp, whether impressed or adhesive, used for the purposes of revenue or accounting by any Government department; or
(b) without lawful excuse, the proof whereof shall lie upon him, makes or has knowingly in his possession any die or instrument capable of making the impression of any such stamp; or
(c) fraudulently cuts, tears in any way or removes from any material any stamp used for purposes of revenue or accounting by the Government, with intent that another use shall be made of such stamp or any part thereof; or
(d) fraudulently mutilates any such stamp as last aforesaid, with intent that another use shall be made of such stamp; or
(e) fraudulently fixes or places upon any material or upon any such stamp as last aforesaid any stamp or part of a stamp which, whether fraudulently or not, has been cut, torn or in any way removed from any other material or out of or from any other stamp; or
(f) fraudulently erases or otherwise either really or apparently removes from any stamped material any name, sum, date or other matter or thing whatsoever written thereon with the intent that another use shall be made of the stamp upon such material; or
(g) knowingly and without lawful excuse, the proof whereof shall lie upon him, has in his possession any stamp or part of a stamp which has been fraudulently cut, torn, or otherwise removed from any material, or any stamp which has been fraudulently mutilated, or any stamped material out of which any name, sum, date or other matter or thing has been fraudulently erased or otherwise really or apparently removed, is liable to imprisonment for seven 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 I—PRELIMINARY

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.

PART I—PRELIMINARY

Offences Against Administration of Justice

9. (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.

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

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.

PART I—PRELIMINARY

Offences Against Administration of Justice

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.

PART I—PRELIMINARY

Offences Against Administration of Justice

15. A person who, in respect of any existing or
proposed proceedings of the ICC—

(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

PART I—PRELIMINARY

Offences Against Administration of Justice

16. Every person who, wrongfully and without lawful
authority—

(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.

PART I—PRELIMINARY

Offences Against Administration of Justice

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.

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.]