Mistake of fact - national proceedings

Kenya

Kenya - Criminal Code 1930 (2018) EN

PART I – GENERAL PROVISIONS

CHAPTER IV – GENERAL RULES AS TO CRIMINAL RESPONSIBILITY

10. Mistake of fact
(1) A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had been such as he believed to exist.
(2) The operation of this section may be excluded by the express or implied provisions of the law relating to the subject.

Kenya - International Crimes Act 2008 EN

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—

(j) article 32 (which relates to mistakes of fact or law);

Rome Statute

Article 32 Mistake of fact or mistake of law

1. A mistake of fact shall be a ground for excluding criminal responsibility only if it negates the mental element required by the crime.