Mistake of law - national proceedings

Kenya

Kenya - Criminal Code 1930 (2018) EN

PART I – GENERAL PROVISIONS

CHAPTER IV – GENERAL RULES AS TO CRIMINAL RESPONSIBILITY

7. Ignorance of law
Ignorance of the law does not afford any excuse for any act or omission which would otherwise constitute an offence unless knowledge of the law by the offender is expressly declared to be an element of the offence.

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

2. A mistake of law as to whether a particular type of conduct is a crime within the jurisdiction of the Court shall not be a ground for excluding criminal responsibility. A mistake of law may, however, be a ground for excluding criminal responsibility if it negates the mental element required by such a crime, or as provided for in article 33.