National penalties - maximum penalty

Kenya

Kenya - Criminal Code 1930 (2018) EN

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

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—
(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

Kenya - Defence Forces Act 2012 (2018) EN

PART VI – SERVICE OFFENCES

Treachery, Cowardice and Offences Arising out of Service

70. Looting and pillaging
(4) A person who commits an offence under this section, shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding ten years or any lesser punishment provided for under this Act.

PART VI – SERVICE OFFENCES

Offences concerning Courts Martial and other Authorities

133A. Prohibition of torture or cruel treatment
(1) A member of the Defence Forces shall not subject any person to torture, cruel, inhuman or degrading treatment.
(2) A member of the Defence Forces who subjects a person to torture, cruel, inhuman or degrading treatment commits an offence and is liable on conviction to a fine not exceeding ten million shillings or imprisonment for a term not exceeding twenty-five years or to both.
(3) A member of the Defence Forces who subjects a person to cruel, inhuman and degrading treatment commits an offence and is liable on conviction to a fine not exceeding five million shillings or imprisonment for a term not exceeding fifteen years or to both.

Rome Statute

Article 77 Applicable penalties

1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:

(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or

(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.

2. In addition to imprisonment, the Court may order:

(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;

(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.