Public Order

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PART I – PRELIMINARY
1.
Short title
This Act may be cited as the Public Order Act.

2.
Interpretation
In this Act, except where the context otherwise requires—
“hours of darkness” means the hours between half-past six in the evening and half-past six on the following morning;
“hours of daylight” means the hours between half-past six in the morning and half-past six in the evening;
“meeting” means a meeting held for the purpose of the discussion of matters of public interest or for the purpose of the expression of views on such matters;
“Minister” means the Minister for the time being responsible for the administration;
“offensive weapon” means any article made or adapted for use for causing injury to the person, or intended by the person having it in his possession or under his control for such use;
“political organisation” means any organisation which either has among its objects any political purpose or pursues any political purpose;
“premises” includes any land, any building and any other place whatsoever;
“private premises” means premises which are not public places;
“public gathering” means a public meeting, a public procession, and any other meeting, gathering or concourse of ten or more persons in any public place;
“public meeting” includes any meeting in a public place and any meeting which the public or any section thereof are permitted to attend, whether on payment or otherwise;
“public place” means any place to which for the time being the public or any section of the public are entitled or permitted to have access whether on payment or otherwise, and, in relation to any meeting to be held in the future, includes any place which will, on the occasion and for the purposes of such meeting, be a public place;
“public procession” means any procession in, to or from a public place;
“school” means any premises or any part of any premises where persons are habitually or for the time being taught, whether in one class or more. [Act No. 7 of 1958, s. 2, Act No. 53 of 1960, s. 3, L.N. 402/1963, L.N. 153/1965.]

2.
Interpretation
In this Act, except where the context otherwise requires—
“excluded meeting” means—
(a) any meeting convened and held exclusively for the lawful purposes of any public body; or
(b) any meeting of the members of any registered organisation, whether corporate or unincorporate, convened in accordance with the constitution of the organisation and held exclusively for the lawful purposes of that organisation;
(c) any meeting of the members of any trade union convened and held exclusively for the lawful purposes of that trade union;
(d) any meeting convened and held exclusively for social, cultural, charitable, educational, commercial or industrial purposes;
(e) any meeting of the organs of a political party, convened in accordance with the constitution of the party and held exclusively to discuss the affairs of the party;
(f) impromptu “meet-the-people” tours by Members of Parliament and councillors;
“hours of darkness” means the hours between half-past six in the evening and half-past six on the following morning;
“hours of daylight” means the hours between half-past six in the morning and half-past six in the evening;
“meeting” means any gathering of persons (not being an excluded meeting) convened and held for any purpose, including any political purpose;
“Minister” means the Minister for the time being responsible for the administration;
“offensive weapon” means any article made or adapted for use for causing injury to the person, or intended by the person having it in his possession or under his control for such use;
“political organisation” means any organisation which either has among its objects any political purpose or pursues any political purpose;
“premises” includes any land, any building and any other place whatsoever;
“private premises” means premises which are not public places;
“public gathering” means a public meeting, a public procession, and any other meeting, gathering or concourse of ten or more persons in any public place;
“public meeting” means any meeting held or to be held in a public place, and any meeting which the public or any section of the public or more than fifty persons are or are to be permitted to attend whether on payment or otherwise;
“public place” means any place to which for the time being the public or any section of the public are entitled or permitted to have access whether on payment or otherwise, and, in relation to any meeting to be held in the future, includes any place which will, on the occasion and for the purposes of such meeting, be a public place;
“public procession” means any procession in, to or from a public place;
“regulating officer” means the officer-in-charge of the police station in the area in which a proposed public meeting is proposed to be held, or in the case of a public procession, the police officer-in-charge of the police station in the area in which the procession is proposed to start and to end;
“school” means any premises or any part of any premises where persons are habitually or for the time being taught, whether in one class or more. [Act No. 7 of 1958, s. 2, Act No. 53 of 1960, s. 3, L.N. 402/1963, L.N. 153/1965, Act No. 10 of 1997, Sch.]
PART II – QUASI-MILITARY ORGANISATIONS AND POLITICAL UNIFORMS
3.
Prohibition of organisations equipped to usurp functions
of police, etc.
(1) If the members or adherents of any association of persons, whether incorporated or not, are—
(a) organised or trained or equipped for the purpose of enabling them to be employed in usurping the functions of the police or of the Kenya Military Forces; or
(b) organised and trained or organised and equipped either for the purpose of enabling them to be employed for the use or display of physical force in promoting any political object, or in such manner as to arouse reasonable apprehension that they are organised and either trained or equipped for that purpose,
then any member or adherent of such association shall be guilty of an offence and liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment, and any person who promotes or conspires with another to promote or who takes part in the control or management of the association, or in so organising or training or equipping as aforesaid
any member or adherent thereof, shall be guilty of an offence and
liable to a fine of two thousand shillings or to imprisonment for
a term not exceeding three years, or to both such fine and such imprisonment:
Provided that in any proceedings against a person charged with the offence of taking part in the control or management of such an association as aforesaid it shall be a defence to that charge to prove that he neither consented to nor connived at the organisation, training or equipment of members or adherents of the association in contravention of the provisions of this section.

(2) No prosecution under this section shall be instituted without the consent of the Attorney-General.
(3) If, upon application being made by the Attorney-General, it appears to the High Court that any association is an association of which members or adherents are organised, trained or equipped in contravention of the provisions of this section, the Court may make such order as appears necessary to prevent any disposition without the leave of the Court of property held by or for the association, and may direct and inquiry and report to be made as to any such property as aforesaid and as to the affairs of the association, and may make such further orders as appear to the Court to be just and equitable for the application of such property in or towards the discharge of the liabilities of the association lawfully incurred before the date of the application or since that date with the approval of the Court, in or towards repayment of moneys to persons who became subscribers or contributors to the association in good faith and without knowledge of any such contravention as aforesaid, and in or towards any costs incurred in connexion with any such inquiry and report as aforesaid or in winding up or dissolving the association, and may order that any property which is not directed by the Court to be so applied as aforesaid shall be forfeited.
(4) In any criminal or civil proceedings under this section, proof of things done or of words written, spoken or published (whether or not in the presence of any party to the proceedings) by any person taking part in the control or management of an association or in organising, training or equipping members or adherents of an association shall be admissible as evidence of the purposes for which, or the manner in which, members or adherents of the association (whether those persons or others) were organised, or trained or equipped.
(5) If a judge of the High Court or magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence under this section has been committed, and that evidence of the commission thereof is to be found at any premises or place specified in the information, he may, on an application made by a police officer of a rank not lower than that of Inspector, grant a search warrant authorising any such police officer named in the warrant together with any other persons named in the warrant and any other police officers to enter the premises or place at any time within one month from the date of the warrant, if necessary by force, and to search the premises or place and every person found therein, and seize anything found on the premises or place or on any such person which the officer has reasonable ground for suspecting to be evidence of the commission of such an offence as aforesaid:
Provided that no woman shall, in pursuance of a warrant issued under this subsection, be searched except by a woman.
(6) Nothing in this section shall be construed as prohibiting the employment of a reasonable number of persons as stewards to assist in the preservation of order at any public meeting held upon private premises, or the making of arrangements for that purpose or the instruction of the persons to be so employed in their lawful duties as such stewards, or their being furnished with badges or other distinguishing signs.
[L.N. 87/1964.]

3.
Prohibition of organisations equipped to usurp functions
of police, etc.
(1) If the members or adherents of any association of persons, whether incorporated or not, are—
(a) organised or trained or equipped for the purpose of enabling them to be employed in usurping the functions of the police or of the Kenya Military Forces; or
(b) organised and trained or organised and equipped either for the purpose of enabling them to be employed for the use or display of physical force in promoting any political object, or in such manner as to arouse reasonable apprehension that they are organised and either trained or equipped for that purpose,
then any member or adherent of such association shall be guilty of an offence and liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment, and any person who promotes or conspires with another to promote or who takes part in the control or management of the association, or in so organising or training or equipping as aforesaid any member or adherent thereof, shall be guilty of an offence and liable to a fine of two thousand shillings or to imprisonment for a term not exceeding three years, or to both such fine and such imprisonment:
Provided that in any proceedings against a person charged with the offence of taking part in the control or management of such an association as aforesaid it shall be a defence to that charge to prove that he neither consented to nor connived at the organisation, training or equipment of members or adherents of the association in contravention of the provisions of this section.

(2) No prosecution under this section shall be instituted without the consent of the Director of Public Prosecutions.
(3) If, upon application being made by the Attorney-General, it appears to the High Court that any association is an association of which members or adherents are organised, trained or equipped in contravention of the provisions of this section, the Court may make such order as appears necessary to prevent any disposition without the leave of the Court of property held by or for the association, and may direct and inquiry and report to be made as to any such property as aforesaid and as to the affairs of the association, and may make such further orders as appear to the Court to be just and equitable for the application of such property in or towards the discharge of the liabilities of the association lawfully incurred before the date of the application or since that date with the approval of the Court, in or towards repayment of moneys to persons who became subscribers or contributors to the association in good faith and without knowledge of any such contravention as aforesaid, and in or towards any costs incurred in connexion with any such inquiry and report as aforesaid or in winding up or dissolving the association, and may order that any property which is not directed by the Court to be so applied as aforesaid shall be forfeited.
(4) In any criminal or civil proceedings under this section, proof of things done or of words written, spoken or published (whether or not in the presence of any party to the proceedings) by any person taking part in the control or management of an association or in organising, training or equipping members or adherents of an association shall be admissible as evidence of the purposes for which, or the manner in which, members or adherents of the association (whether those persons or others) were organised, or trained or equipped.
(5) If a judge of the High Court or magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence under this section has been committed, and that evidence of the commission thereof is to be found at any premises or place specified in the information, he may, on an application made by a police officer of a rank not lower than that of Inspector, grant a search warrant authorising any such police officer named in the warrant together with any other persons named in the warrant and any other police officers to enter the premises or place at any time within one month from the date of the warrant, if necessary by force, and to search the premises or place and every person found therein, and seize anything found on the premises or place or on any such person which the officer has reasonable ground for suspecting to be evidence of the commission of such an offence as aforesaid:
Provided that no woman shall, in pursuance of a warrant issued under this subsection, be searched except by a woman.
(6) Nothing in this section shall be construed as prohibiting the employment of a reasonable number of persons as stewards to assist in the preservation of order at any public meeting held upon private premises, or the making of arrangements for that purpose or the instruction of the persons to be so employed in their lawful duties as such stewards, or their being furnished with badges or other distinguishing signs.
[L.N. 87/1964, Act No. 12 of 2012, Sch.]

3.
Prohibition of organisations equipped to usurp functions
of police, etc.
(1) If the members or adherents of any association of persons, whether incorporated or not, are—
(a) organised or trained or equipped for the purpose of enabling them to be employed in usurping the functions of the police or of the Kenya Military Forces; or
(b) organised and trained or organised and equipped either for the purpose of enabling them to be employed for the use or display of physical force in promoting any political object, or in such manner as to arouse reasonable apprehension that they are organised and either trained or equipped for that purpose,
then any member or adherent of such association shall be guilty of an offence and liable to a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding two years, or to both such fine and such imprisonment, and any person who promotes or conspires with another to promote or who takes part in the control or management of the association, or in so organising or training or equipping as aforesaid any member or adherent thereof,
shall be guilty of an offence and liable to a fine of two thousand
shillings or to imprisonment for a term not exceeding three years,
or to both such fine and such imprisonment:
Provided that in any proceedings against a person charged with the offence of taking part in the control or management of such an association as aforesaid it shall be a defence to that charge to prove that he neither consented to nor connived at the organisation, training or equipment of members or adherents of the association in contravention of the provisions of this section.

(2) No prosecution under this section shall be instituted without the consent of the Director of Public Prosecutions.
(3) If, upon application being made by the Attorney-General, it appears to the High Court that any association is an association of which members or adherents are organised, trained or equipped in contravention of the provisions of this section, the Court may make such order as appears necessary to prevent any disposition without the leave of the Court of property held by or for the association, and may direct and inquiry and report to be made as to any such property as aforesaid and as to the affairs of the association, and may make such further orders as appear to the Court to be just and equitable for the application of such property in or towards the discharge of the liabilities of the association lawfully incurred before the date of the application or since that date with the approval of the Court, in or towards repayment of moneys to persons who became subscribers or contributors to the association in good faith and without knowledge of any such contravention as aforesaid, and in or towards any costs incurred in connexion with any such inquiry and report as aforesaid or in winding up or dissolving the association, and may order that any property which is not directed by the Court to be so applied as aforesaid shall be forfeited.
(4) In any criminal or civil proceedings under this section, proof of things done or of words written, spoken or published (whether or not in the presence of any party to the proceedings) by any person taking part in the control or management of an association or in organising, training or equipping members or adherents of an association shall be admissible as evidence of the purposes for which, or the manner in which, members or adherents of the association (whether those persons or others) were organised, or trained or equipped.
(5) If a judge of the High Court or magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence under this section has been committed, and that evidence of the commission thereof is to be found at any premises or place specified in the information, he may, on an application made by a police officer of a rank not lower than that of Inspector, grant a search warrant authorising any such police officer named in the warrant together with any other persons named in the warrant and any other police officers to enter the premises or place at any time within one month from the date of the warrant, if necessary by force, and to search the premises or place and every person found therein, and seize anything found on the premises or place or on any such person which the officer has reasonable ground for suspecting to be evidence of the commission of such an offence as aforesaid:
Provided that no woman shall, in pursuance of a warrant issued under this subsection, be searched except by a woman.
(6) Nothing in this section shall be construed as prohibiting the employment of a reasonable number of persons as stewards to assist in the preservation of order at any public meeting held upon private premises, or the making of arrangements for that purpose or the instruction of the persons to be so employed in their lawful duties as such stewards, or their being furnished with badges or other distinguishing signs.
[L.N. 87/1964, Act No. 12 of 2012, Sch., Act No. 19 of 2014, s. 2.]

4.
Prohibition of uniforms, etc., in connexion with political
objects
(1) The Minister may from time to time by order prohibit the wearing in public places or at public meetings of—
(a) uniform or any distinctive dress which signifies association with any political organization or with the promotion of any political object;
(b) any uniform, distinctive dress or emblem by members or adherents of any organisation or association specified or described in the order, whether incorporated or not—
(i) when, in the opinion of the Minister, members of that organisation or association are organised or trained or equipped for the purpose of enabling them to be employed in usurping the functions of the police or of the Armed Forces; or
(ii) when, in the opinion of the Minister, members of that organisation or association are organised or trained or equipped for the purpose of enabling them to be employed for the use or display of physical force in promoting any political or other object or in such a manner as to arouse reasonable apprehension that they are organised or trained or equipped for that purpose.

(2) Any person who contravenes the provisions of any order made under sub-section (1) of this section shall be guilty of an offence.
[Act No. 53 of 1960, s. 5, L.N. 402/1963, L.N. 87/1964.]

4.
Prohibition of uniforms, etc., in connexion with political
objects
(1) The Minister may from time to time by order prohibit the wearing in public places or at public meetings of—
(a) repealed by Act No. 10 of 1997, Sch.;
(b) any uniform, distinctive dress or emblem by members or adherents of any organisation or association specified or described in the order, whether incorporated or not—
(i) when, in the opinion of the Minister, members of that organisation or association are organised or trained or equipped for the purpose of enabling them to be employed in usurping the functions of the police or of the Armed Forces; or
(ii) when, in the opinion of the Minister, members of that organisation or association are organised or trained or equipped for the purpose of enabling them to be employed for the use or display of physical force in promoting any political or other object or in such a manner as to arouse reasonable apprehension that they are organised or trained or equipped for that purpose.

(2) Any person who contravenes the provisions of any order made under subsection (1) of this section shall be guilty of an offence.
[Act No. 53 of 1960, s. 5, L.N. 402/1963, L.N. 87/1964, Act No. 10 of 1997, Sch.]

PART III – PUBLIC GATHERINGS
5.
Control of public gatherings
(1) A police officer in charge of the police in a province, or a police officer in charge of a police division, may, if it appears to him to be necessary or expedient in the interests of public order so to do, in such manner as he may think fit—
(a) control and direct the extent to which music may be played, or to which music or human speech or any other sound may be amplified, broadcast, relayed or otherwise reproduced by artificial means, in public places within the area of his responsibility;
(b) control and direct the conduct of all public gatherings within the area of his responsibility, and specify the route by which, and the time at which, any public procession within such area may pass; and
(c) for any of the purposes aforesaid give or issue such orders as he may consider necessary or expedient.

(2) No public meeting or public procession shall take place save under and in accordance with the terms and conditions of a licence in that behalf issued under this section, and no such meeting or procession shall be advertised or otherwise publicized unless such a licence therefor has been issued.
(3) Any person wishing to hold, convene, organize or form a public meeting or public procession shall first make application for a licence in that behalf to the District Commissioner of the district in which the meeting or procession is to, take place, and if the District Commissioner is satisfied that the meeting or procession is not likely to prejudice the maintenance of public order or to be used for any unlawful or immoral purpose, he shall issue a licence in the prescribed form, specifying the name of the licensee and defining the conditions on which the meeting or procession may take place:
Provided that the District Commissioner may refuse to grant a licence if—
(a) the applicant or any person or organization or body of persons associated directly or indirectly with the application or likely in the opinion of the District Commissioner to be concerned in the holding or organizing of the meeting or procession has, in relation to any public gathering, recently contravened the provisions of this Act or of any other written law or any condition of a licence issued under this section or such written law; or
(b) the meeting or procession has been advertised or otherwise publicized in contravention of subsection (2) of this section.

(4) (a) The District Commissioner may at any time, if it appears to him to be necessary or expedient in the interests of public order or for preventing the carrying out of any unlawful or immoral purpose so to do—
(i) cancel any licence issued by him under this section; or
(ii) amend the conditions of any such licence.

(b) Notice of any such cancellation or amendment shall be given in writing to the licensee or, if he is not steadily accessible for that purpose, to any other person concerned in the holding or organization of the meeting or procession or, failing any such person, by publication in such manner, or by posting in such place or places, as the District Commissioner may think fit.

(5) It shall be a condition of every licence issued under this section that the licensee shall be present at the meeting or procession from the first assembly thereof to the final dispersal thereof, and shall forthwith comply with any directions which may be given to him by any police officer for ensuring the due performance of and compliance with the conditions of the licence and the maintenance of public order throughout the period of assembly, conduct and dispersal of the meeting or procession and the period immediately following dispersal thereof.
(6) Any police officer may stop or prevent the holding of—
(a) any public meeting or public procession which is not licensed under this section, or in regard to which any condition of a licence issued under this section is being or has been contravened;
(b) any public gathering or other meeting, procession or gathering of persons whatsoever and wheresoever, whether or not required to be licensed, and whether or not licensed, under this section, if the public gathering, meeting, procession or gathering is causing or is, in the opinion of such officer, likely to cause a breach of the peace;
and may, for any of the purposes aforesaid, give or issue such orders, including orders for the dispersal of the meeting, procession or gathering, as he may consider necessary or expedient, and may use or cause to be used such force as may be necessary to stop, prevent the holding of or disperse the meeting, procession or gathering.

(7) (a) If an a police officer of or above the rank of Assistant Inspector has reason to believe that a public meeting or public procession which is required to be licensed under this section and is not so licensed is likely to take place or form in any public place he may cause access to that public place and to any other public place adjacent thereto to be barred and to be closed to the public or to any person or class of persons for such time as may be necessary to prevent the meeting or procession taking place:
Provided that no person shall, in pursuance of the provisions of this subsection, be denied access to any place at which he normally resides or has his place of business, work or employment.
(b) The closure of any public place as aforesaid shall be notified by means of notices exhibited, or physical barriers erected, at the places of access thereto, or by oral public announcement in the vicinity thereof, or in such other manner as the officer aforesaid may think fit.
(c) Any police officer may use such force as may be necessary to prevent any person from entering or remaining in any public place to which access has been closed to him under this subsection.

(8) Any police officer shall, in and in relation to the performance of any duty or the exercise of any power under the foregoing provisions of this section, comply with such general or specific directions in that behalf as may at any time and from time to time be given by or with the authority of the Governor-General, the Minister, the Commissioner of Police or the Provincial Commissioner of the province concerned.
(9) Where under this section a licence is refused or cancelled, or is issued subject to conditions, or the conditions of any such licence are amended, the applicant or licensee, as the case may be, may appeal to the Governor in writing against such refusal or cancellation or the imposition or amendment of such conditions or any of them, and the Governor may on any such appeal, in his discretion, confirm, reverse or vary the decision appealed against.
(10) Any person who—
(a) neglects or refuses to obey any order given or issued under subsection (1) or subsection (6) of this section; or
(b) contravenes any condition of a licence issued under this section or suffers or permits any such contravention; or
(c) without the permission of a police officer on duty there, enters or remains in a public place to which access has been closed to him under subsection (7) of this section; or
(d) prints, publishes, displays, distributes or circulates a notice of, or in any other manner advertises or publicizes, a public meeting or public procession which has not been licensed under this section,
shall be guilty of an offence.

(11) Any—
(a) public meeting or public procession which takes place without a licence under this section; or
(b) public gathering in which three or more persons taking part neglect or refuse to obey an order given or issued under subsection (1) of this section; or
(c) public gathering or other meeting, procession or gathering of persons in which three or more persons taking part refuse or neglect to obey an order given or issued under subsection (6) of this section,
shall be deemed to be an unlawful assembly, and
(i) every person who takes or continues to take part in any such unlawful assembly shall be guilty of an offence; and
(ii) every person who holds, convenes, organizes, forms or collects, or assists or is concerned in the holding, convening, organizing, forming or collecting of, any public gathering such as is referred to in paragraph (a) of this subsection, or who continues or attempts to continue to hold or conduct, or to direct otherwise than for the purpose of securing obedience to an order given or issued under subsection (1) or subsection (6) of this section, any public gathering such as is referred to in paragraph (b) of this subsection or any public gathering or other meeting, procession or gathering of persons such as is referred to in paragraph (c) of this subsection after the same has become an unlawful assembly as aforesaid, shall be guilty of an offence and liable to imprisonment for a term not exceeding three years.[L.N. 402/1963, L.N. 84/1964, L.N. 153/1965.]


5.
Regulation of Public meeting and Processions
(1) No person shall hold a public meeting or a public procession except in accordance with the provisions of this section.
(2) Any person intending to convene a public meeting or a public procession shall notify the regulating officer of such intent at least three days but not more than fourteen days before the proposed date of the public meeting or procession.
(3) A notice under subsection (2) shall be in the prescribed form and shall specify—
(a) the full names and physical address of the organiser of the proposed public meeting or public procession;
(b) the proposed date of the meeting or procession and the time thereof which shall be between six o’clock in the morning and six o’clock in the afternoon;
(c) the proposed site of the public meeting or the proposed route in the case of a public procession.

(4) Where, upon receipt of a notice under subsection (2), it is not possible to hold the proposed public meeting or public procession for the reason that notice of another public meeting or procession on the date, at the time and at the venue proposed has already been received by the regulating officer, the regulating officer shall forthwith notify the organiser.
(5) The notification by the regulating officer under subsection (4) shall be in writing and shall be delivered to the organiser at the physical address specified pursuant to the provision of subsection (3).
(6) Where the regulating officer notifies the organiser of a public meeting or public procession in accordance with subsection (3) that it is not possible to hold the proposed meeting or procession, such public meeting or procession shall not be held on the date, at the time and venue proposed, but may, subject to this section, be held on such future date as the organiser may subsequently notify.
(7) The organiser of every public meeting or public procession or his authorised agent shall be present throughout the meeting or procession and shall assist the police in the maintenance of peace and order at the meeting or procession.
(8) The regulating officer or any police officer of or above the rank of inspector may stop or prevent the holding of—
(a) any public meeting or public procession held contrary to the provisions of subsections (2) or (6);
(b) any public gathering or other meeting or procession which, having regard to the rights and interests of the persons participating in such gathering, meeting or procession, there is clear, present or imminent danger of a breach of the peace or public order,
and may, for any of the purposes aforesaid, give or issue such orders, including orders for the dispersal of the meeting, procession or gathering as are reasonable in the circumstances, having regard to the rights and freedoms of the persons in respect of whom such orders are issued and the rights and freedoms of others.

(9) Any person who neglects or refuses to obey any order given or issued under subsection (7) shall be guilty of an offence.
(10) Any public meeting or public procession held contrary to the provisions of subsections (1) and (5) shall be deemed to be an unlawful assembly.
(11) Any person who takes part in any public meeting or public procession deemed to be an unlawful assembly under subsection (10), or holds, convenes or organises or is concerned in the holding, convening or organising of any such meeting or procession shall be guilty of the offence of taking part in an unlawful assembly under Chapter IX of the Penal Code and liable to imprisonment for one year.
(12) The organiser of any excluded meeting may request the regulating officer that the police be present at such meeting to ensure the maintenance of peace and order.
(13) A request under subsection (12) shall be in writing and shall be delivered to the regulating officer at least three days before the proposed date of the meeting.
(14) The regulating officer shall keep a public register of all notices received under subsection (2).
(15) Any person may, during working hours, inspect the register kept under subsection (14).
[Act No. 10 of 1997, Sch.]

6.
Prohibition of offensive weapons at public meetings and processions
(1) Any person who, while present at any public meeting or on the occasion of any public procession, has with him any offensive weapon, otherwise than in pursuance of lawful authority, shall be guilty of an offence.
(2) For the purposes of this section, a person shall not be deemed to be acting in pursuance of lawful authority unless he is acting in his capacity as a police officer or member of a fire brigade or otherwise in his capacity as a public officer or as a servant of a local authority.
[Act No. 53 of 1960, s. 6.]

7.
Power to prohibit entertainments and sporting events
(1) If at any time it appears to the Commissioner of Police that serious public disorder is likely to arise at or on the occasion of any race-meeting, sporting event or other entertainment of any description, he may, by notice addressed to the promoter, organiser or manager thereof, prohibit the holding or continuance thereof in any area or place or on any particular day.
(2) A notice under subsection (1) of this section shall be served on the person, or one of the persons if more than one, promoting, organising or managing the race-meeting, sporting event or entertainment.
(3) If such race-meeting, sporting event or entertainment is held or continued in contravention of the terms of a notice issued under subsection (1) of this section, any person taking part in the promotion, organisation or management thereof shall be guilty of an offence.
(4) Any police officer may give or issue such orders and use such force as may be necessary to prevent the holding or continuance of a race-meeting, sporting event or other entertainment the holding or continuance of which has been prohibited by a notice issued under subsection (1) of this section and to disperse any gathering of persons thereat.
(5) Any person who neglects or refuses to obey any order given or issued under subsection (4) of this section shall be guilty of an offence.
(6) A certificate under the hand of the Commissioner of Police, specifying the terms, and the date and manner of service, of a notice under this section, shall be prima facie evidence thereof in all legal proceedings.
[Act No. 53 of 1960, s. 6, L.N. 402/1963, L.N. 153/1965.]

7.
Power to prohibit entertainments and sporting events
(1) If at any time it appears to the Inspector-General of National Police Service that serious public disorder is likely to arise at or on the occasion of any race-meeting, sporting event or other entertainment of any description, he may, by notice addressed to the promoter, organiser or manager thereof, prohibit the holding or continuance thereof in any area or place or on any particular day.
(2) A notice under subsection (1) of this section shall be served on the person, or one of the persons if more than one, promoting, organising or managing the race-meeting, sporting event or entertainment.
(3) If such race-meeting, sporting event or entertainment is held or continued in contravention of the terms of a notice issued under subsection (1) of this section, any person taking part in the promotion, organisation or management thereof shall be guilty of an offence.
(4) Any police officer may give or issue such orders and use such force as may be necessary to prevent the holding or continuance of a race-meeting, sporting event or other entertainment the holding or continuance of which has been prohibited by a notice issued under subsection (1) of this section and to disperse any gathering of persons thereat.
(5) Any person who neglects or refuses to obey any order given or issued under subsection (4) of this section shall be guilty of an offence.
(6) A certificate under the hand of the Inspector-General of National Police Service, specifying the terms, and the date and manner of service, of a notice under this section, shall be prima facie evidence thereof in all legal proceedings.
[Act No. 53 of 1960, s. 6, L.N. 402/1963, L.N. 153/1965, Act No. 19 of 2014, s. 3.]

PART IV – CURFEW ORDERS AND CURFEW RESTRICTION ORDERS
8.
Curfew orders
(1) The Commissioner of Police or a Provincial Commissioner may, if he considers it necessary in the interests of public order so to do, by order (hereinafter referred to as a curfew order) direct that, within such area (being, in the case of a Provincial Commissioner, within his province) and during such hours as may be specified in the curfew order, every person, or, as the case may be, every member of any class of persons specified in the curfew order, shall, except under and in accordance with the terms and conditions of a written permit granted by an authority or person specified in the curfew order, remain indoors in the premises at which he normally resides, or at such other premises as may be authorised by or under the curfew order.
(2) (a) It shall be a condition of every permit granted under subsection (1) of this section that the holder thereof shall at all times while acting under the authority thereof during the hours of darkness carry a light visible at a distance of twenty-five feet.
(b) Subject to paragraph (a) of this subsection, a permit under subsection (1) of this section may be granted subject to such conditions, to be specified in the permit, as the authority or person granting it may think fit.

(3) A curfew order shall be published in such manner as the authority making it may think sufficient to bring it to the notice of all persons affected thereby, and shall come into force on such day, being the day of or a day after the making thereof, as may be specified therein, and shall remain in force for the period specified therein or until earlier rescinded by the same authority or by the Minister as hereinafter provided:
Provided that no curfew order which imposes a curfew operating during more than ten consecutive hours of daylight shall remain in force for more than three days, and no curfew order which imposes a curfew operating during any lesser number of consecutive hours of daylight shall remain in force for more than seven days.
(4) Every curfew order shall, forthwith on its being made, be reported to the Minister, and the Minister may, if he thinks fit, vary or rescind the curfew order.
(5) The variation or rescission of a curfew order shall be published in like manner as that provided in subsection (3) of this section for the publication of a curfew order.
(6) Any person who contravenes any of the provisions of a curfew order or any of the terms or conditions of a permit granted to him under subsection (1) of this section shall be guilty of an offence and liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.
(7) A certificate under the hand of the authority making, varying or rescinding a curfew order, specifying the terms, and the date and manner of publication, of such order, variation or rescission, shall be prima facie evidence thereof in all legal proceedings.
(8) Any person who, without lawful excuse, carries or has in his possession, in any area in which a curfew order is in force and during the hours during which the curfew imposed thereby is operative, any offensive weapon shall be guilty of an offence:
Provided that no person shall be convicted of an offence under this section if he proves to the satisfaction of the Court that he carried or had in his possession the offensive weapon—
(i) solely for domestic or defensive purposes within enclosed premises which he lawfully occupied or in which he was lawfully present; or
(ii) with the authority of his employer and solely for domestic or defensive purposes within enclosed premises in the lawful occupation of his employer. [Act No. 53 of 1960, s. 6, L.N. 402/1963, L.N. 153/1965.]


8.
Curfew orders
(1) The Cabinet Secretary, on the advice of the Inspector-General of the National Police Service may, if he considers it necessary in the interests of public order so to do, by order (hereinafter referred to as a curfew order) direct that, within such area and during such hours as may be specified in the curfew order, every person, or, as the case may be, every member of any class of persons specified in the curfew order, shall, except under and in accordance with the terms and conditions of a written permit granted by an authority or person specified in the curfew order, remain indoors in the premises at which he normally resides, or at such other premises as may be authorised by or under the curfew order.
(2) (a) It shall be a condition of every permit granted under subsection (1) of this section that the holder thereof shall at all times while acting under the authority thereof during the hours of darkness carry a light visible at a distance of twenty-five feet.
(b) Subject to paragraph (a) of this subsection, a permit under subsection (1) of this section may be granted subject to such conditions, to be specified in the permit, as the authority or person granting it may think fit.

(3) A curfew order shall be published in such manner as the authority making it may think sufficient to bring it to the notice of all persons affected thereby, and shall come into force on such day, being the day of or a day after the making thereof, as may be specified therein, and shall remain in force for the period specified therein or until earlier rescinded by the same authority or by the Minister as hereinafter provided:
Provided that no curfew order which imposes a curfew operating during more than ten consecutive hours of daylight shall remain in force for more than three days, and no curfew order which imposes a curfew operating during any lesser number of consecutive hours of daylight shall remain in force for more than seven days.
(4) Deleted by Act No. 19 of 2014, s. 4(b).
(5) The variation or rescission of a curfew order shall be published in like manner as that provided in subsection (3) of this section for the publication of a curfew order.
(6) Any person who contravenes any of the provisions of a curfew order or any of the terms or conditions of a permit granted to him under subsection (1) of this section shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.
(7) A certificate under the hand of the authority making, varying or rescinding a curfew order, specifying the terms, and the date and manner of publication, of such order, variation or rescission, shall be prima facie evidence thereof in all legal proceedings.
(8) Any person who, without lawful excuse, carries or has in his possession, in any area in which a curfew order is in force and during the hours during which the curfew imposed thereby is operative, any offensive weapon shall be guilty of an offence:
Provided that no person shall be convicted of an offence under this section if he proves to the satisfaction of the Court that he carried or had in his possession the offensive weapon—
(i) solely for domestic or defensive purposes within enclosed premises which he lawfully occupied or in which he was lawfully present; or
(ii) with the authority of his employer and solely for domestic or defensive purposes within enclosed premises in the lawful occupation of his employer. [Act No. 53 of 1960, s. 6, L.N. 402/1963, L.N. 153/1965, Act No. 19 of 2014, s. 4.]


9.
Curfew restriction orders
(1) A police officer in charge of the police in a province or a police officer in charge of a police division may, if he considers it necessary in the interests of public order within the area of his responsibility so to do, by order (hereinafter referred to as a curfew restriction order) prohibit, during such hours as may be specified in the curfew restriction order, all persons, or, as the case may be, all members of any class of persons specified in the curfew restriction order, from entering, being or remaining, except under and in accordance with the terms and conditions of a written permit granted by an authority or person specified in the curfew restriction order, in or at any premises specified in the curfew restriction order:
Provided that no person shall, by or in pursuance of a curfew restriction order, be prohibited or prevented from entering, being or remaining in any premises at which he normally resides, or, during reasonable hours of business, work or employment, any premises at which he normally has his place of business, work or employment.
(2) A permit under subsection (1) of this section may be granted subject to such conditions, to be specified in the permit, as the authority or person granting it may think fit.
(3) A curfew restriction order shall be published in such manner as the authority making it may think sufficient to bring it to the notice of all persons affected thereby, and shall come into force on such day, being the day of or a day after the making thereof, as may be specified therein, and shall remain in force for such period, not exceeding twenty-eight days, as may be specified therein or until earlier rescinded by the same authority or by the Commissioner of Police as hereinafter provided.
(4) Every curfew restriction order shall, forthwith on its being made, be reported to the Commissioner of Police, and the Commissioner of Police may, if he thinks fit, vary or rescind the curfew restriction order.
(5) The variation or rescission of a curfew restriction order shall be published in like manner as that provided in subsection (3) of this section for the publication of a curfew restriction order.
(6) Any person who contravenes any of the provisions of a curfew restriction order or any of the terms or conditions of a permit granted to him under subsection (1) of this section shall be guilty of an offence and liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.
(7) A certificate under the hand of the authority making, varying or rescinding a curfew restriction order, specifying the terms, and the date and manner of publication, of such order, variation or rescission, shall be prima facie evidence thereof in all legal proceedings.
[Act No. 53 of 1960, s. 6, L.N. 402/1963, L.N. 153/1965.]

9.
Curfew restriction orders
(1) A police officer in charge of the police in a county or a police officer in charge of a police division may, if he considers it necessary in the interests of public order within the area of his responsibility so to do, by order (hereinafter referred to as a curfew restriction order) prohibit, during such hours as may be specified in the curfew restriction order, all persons, or, as the case may be, all members of any class of persons specified in the curfew restriction order, from entering, being or remaining, except under and in accordance with the terms and conditions of a written permit granted by an authority or person specified in the curfew restriction order, in or at any premises specified in the curfew restriction order:
Provided that no person shall, by or in pursuance of a curfew restriction order, be prohibited or prevented from entering, being or remaining in any premises at which he normally resides, or, during reasonable hours of business, work or employment, any premises at which he normally has his place of business, work or employment.
(2) A permit under subsection (1) of this section may be granted subject to such conditions, to be specified in the permit, as the authority or person granting it may think fit.
(3) A curfew restriction order shall be published in such manner as the authority making it may think sufficient to bring it to the notice of all persons affected thereby, and shall come into force on such day, being the day of or a day after the making thereof, as may be specified therein, and shall remain in force for such period, not exceeding twenty-eight days, as may be specified therein or until earlier rescinded by the same authority or by the Cabinet Secretary as hereinafter provided.
(4) Every curfew restriction order shall, forthwith on its being made, be reported to the Commissioner of Police, and the Commissioner of Police may, if he thinks fit, vary or rescind the curfew restriction order.
(5) The variation or rescission of a curfew restriction order shall be published in like manner as that provided in subsection (3) of this section for the publication of a curfew restriction order.
(6) Any person who contravenes any of the provisions of a curfew restriction order or any of the terms or conditions of a permit granted to him under subsection (1) of this section shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.
(7) A certificate under the hand of the authority making, varying or rescinding a curfew restriction order, specifying the terms, and the date and manner of publication, of such order, variation or rescission, shall be prima facie evidence thereof in all legal proceedings.
[Act No. 53 of 1960, s. 6, L.N. 402/1963, L.N. 153/1965, Act No. 19 of 2014, s. 5.]

PART V – FLAGS, BANNERS AND EMBLEMS
10.
Prohibition of flags, etc, of political organizations
(1) Subject to the provisions of subsection (2) of this section, no person shall—
(a) display at a public meeting or at a public procession or at a school any flag, banner or other emblem signifying association with any political organization or with the promotion of any political object; or
(b) being the owner, tenant, occupier or person in charge of any premises, knowingly permit the display of any such flag, banner or other emblem on or at those premises in contravention of the provisions of paragraph (a) of this subsection.

(2) The Governor in Council of Ministers may, by order, exempt or except any person or class of person or the display of any flag, banner or other emblem from the provisions of subsection (1) of this section, and such order may regulate the manner in which and limit the time during which the display may be made.
(3) Any person who displays or permits the display of any flag, banner or other emblem in contravention of the provisions of this section or of the terms of an order made thereunder shall be guilty of an offence.
(4) No prosecution for an offence under this section shall be instituted without the consent of the Attorney-General.
[Act No. 53 of 1960, s. 6.]

10.
Repealed by No. 10 of 1997
.
PART VI – FURTHER PROVISIONS TO SAFEGUARD PUBLIC ORDER
11.
Possession of offensive weapon in public place
(1) Any person who, without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any street or public place any offensive weapon shall be guilty of an offence and liable to imprisonment for a term not exceeding two years or to a fine not exceeding ten thousand shillings, or to both such imprisonment and such fine.
(2) Where any person is convicted of an offence under subsection (1) of this section, the Court may make an order for the forfeiture of any weapon in respect of which the offence was committed.
(3) Every offence under this section shall be cognisable to the police.
(4) In this section, “offensive weapon” means any article made or adapted for use for causing injury to the person, or capable of being so used, or intended by the person having it with him for such use, and includes any panga, simi or similar weapon.
(5) (a) This section shall apply to such areas, and during such hours, as the Minister may, by notice in the Gazette, declare.
(b) A notice under this section may apply the section during different hours in respect of different areas.
[Act No. 10 of 1958, ss. 1, 2 and 3, Act No. 23 of 1960, ss. 2, 3 and 4.]


11.
Possession of offensive weapon in public place
(1) Any person who, without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any street or public place any offensive weapon shall be guilty of an offence and liable to imprisonment for a term not exceeding two years or to a fine not exceeding one hundred thousand shillings, or to both such imprisonment and such fine.
(2) Where any person is convicted of an offence under subsection (1) of this section, the Court may make an order for the forfeiture of any weapon in respect of which the offence was committed.
(3) Every offence under this section shall be cognisable to the police.
(4) In this section, “offensive weapon” means any article made or adapted for use for causing injury to the person, or capable of being so used, or intended by the person having it with him for such use, and includes any panga, simi or similar weapon.
(5) (a) This section shall apply to such areas, and during such hours, as the Minister may, by notice in the Gazette, declare.
(b) A notice under this section may apply the section during different hours in respect of different areas.
[Act No. 10 of 1958, ss. 1, 2 and 3, Act No. 23 of 1960, ss. 2, 3 and 4, Act No. 19 of 2014, s. 6.]


12.
Notified liabilities
(1) The Minister may, by order published in the Gazette, declare that any tax, rate, rent, charge, cess, fee or other moneys legally due or payable to the Government, the Community or any local authority, or any class or arrears thereof, shall be a notified liability.
(2) Any person who, in any manner or by whatever means, instigates, expressly or by implication, any person or class of persons not to pay or to defer payment of any notified liability, or who does any act with intent or knowing it to be likely that any person or class of persons will be instigated thereby not to pay or to defer payment of any notified liability, shall be guilty of an offence and liable to imprisonment for a term not exceeding three years:
Provided that the provisions of this subsection do not extend to advice given privately and in good faith by one person to another person with regard to the liability or otherwise of such last-mentioned person under the law to pay any notified liability.
[Act No. 53 of 1960, s. 6.]

12.
Repealed by Act No. 19 of 2014, s. 7.

13.
Award of compensation to sufferers from misconduct of inhabitants
of area declared under section 47 of Cap. 84
(1) If in any area, in regard to which any declaration issued under section 47 of the Police Act is in force, death or grievous harm, or loss of or damage to property has been caused by, or has ensued from, the misconduct of the inhabitants of such area, or of any class or section of such inhabitants, any person who claims to have suffered loss, damage or injury by reason of such misconduct may, within one month from the date of such loss, damage or injury, make an application for compensation to a magistrate appointed under subsection (5) of the said section 47 or, where no magistrate has been so appointed, to a magistrate having jurisdiction within the district in which the declared area is situated.
(2) Upon receipt of any such claim, the Magistrate may, after such inquiry as he may consider necessary, and whether or not any additional police officers have been stationed in the declared area under section 47 of the Police Act—
(a) assess the amount of compensation, if any, to be paid to such person or persons as he may determine;
(b) determine the manner, and proportions, in which such compensation shall be distributed;
(c) assess the proportions in which such compensation shall be paid by the inhabitants of the declared area; and
(d) order the payment of such compensation:
Provided that the Magistrate—
(i) shall not make any assessment or order under the provisions of this subsection, unless he is of opinion that such loss, damage or injury has arisen from a riot or an unlawful assembly within the declared area, and that the person who suffered such loss, damage or injury was himself free from blame in respect of the events which led to such loss, damage or injury; and
(ii) shall, in making any assessment under paragraph (c) of this subsection, have regard to the means of the persons ordered to pay compensation.

(3) Before holding any inquiry under subsection (2) of this section, the Magistrate shall give notice, either generally with reference to the declared area or particularly with reference to any specified premises, property or person, stating—
(a) the time and place at which he proposes to hold his inquiry; and
(b) the manner in which any claims for compensation, and any objections thereto and to the payment of compensation, shall be presented to him.

(4) The provisions of sections 9, 10 and 16 of the Commissions of Inquiry Act (Cap. 102) shall apply to the Magistrate and any inquiry held by him in pursuance of this section, as if he had been appointed a commissioner under that Act.
(5) All moneys payable under this section shall be recoverable in the manner provided for the recovery of compensation by sections 173, 334 and 335 of the Criminal Procedure Code (Cap. 75).
(6) If in any civil suit it is proved to the satisfaction of the Court that the plaintiff in such suit has accepted in respect of his claim compensation ordered under subsection (2) of this section to be paid to him, the amount of the compensation shall be taken into account to diminish any damages which he would otherwise receive in that suit.
(7) For the purposes of this section, “inhabitants” means all persons who occupy any building, or part thereof, in the declared area.
[Act No. 53 of 1960, s. 7, Act No. 3 of 1964, s. 3, Act No. 19 of 1964, s. 2.]

13.
Award of compensation to sufferers from misconduct of inhabitants
of area declared under section 106 of Cap. 84
(1) If in any area, in regard to which any declaration issued under section 106 of the National Police Service Act is in force, death or grievous harm, or loss of or damage to property has been caused by, or has ensued from, the misconduct of the inhabitants of such area, or of any class or section of such inhabitants, any person who claims to have suffered loss, damage or injury by reason of such misconduct may, within one month from the date of such loss, damage or injury, make an application for compensation to a magistrate appointed under subsection (5) of the said section 47 or, where no magistrate has been so appointed, to a magistrate having jurisdiction within the district in which the declared area is situated.
(2) Upon receipt of any such claim, the Magistrate may, after such inquiry as he may consider necessary, and whether or not any additional police officers have been stationed in the declared area under section 47 of the Police Act—
(a) assess the amount of compensation, if any, to be paid to such person or persons as he may determine;
(b) determine the manner, and proportions, in which such compensation shall be distributed;
(c) assess the proportions in which such compensation shall be paid by the inhabitants of the declared area; and
(d) order the payment of such compensation:
Provided that the Magistrate—
(i) shall not make any assessment or order under the provisions of this subsection, unless he is of opinion that such loss, damage or injury has arisen from a riot or an unlawful assembly within the declared area, and that the person who suffered such loss, damage or injury was himself free from blame in respect of the events which led to such loss, damage or injury; and
(ii) shall, in making any assessment under paragraph (c) of this subsection, have regard to the means of the persons ordered to pay compensation.

(3) Before holding any inquiry under subsection (2) of this section, the Magistrate shall give notice, either generally with reference to the declared area or particularly with reference to any specified premises, property or person, stating—
(a) the time and place at which he proposes to hold his inquiry; and
(b) the manner in which any claims for compensation, and any objections thereto and to the payment of compensation, shall be presented to him.

(4) The provisions of sections 9, 10 and 16 of the Commissions of Inquiry Act (Cap. 102) shall apply to the Magistrate and any inquiry held by him in pursuance of this section, as if he had been appointed a commissioner under that Act.
(5) All moneys payable under this section shall be recoverable in the manner provided for the recovery of compensation by sections 173, 334 and 335 of the Criminal Procedure Code (Cap. 75).
(6) If in any civil suit it is proved to the satisfaction of the Court that the plaintiff in such suit has accepted in respect of his claim compensation ordered under subsection (2) of this section to be paid to him, the amount of the compensation shall be taken into account to diminish any damages which he would otherwise receive in that suit.
(7) For the purposes of this section, “inhabitants” means all persons who occupy any building, or part thereof, in the declared area.
[Act No. 53 of 1960, s. 7, Act No. 3 of 1964, s. 3, Act No. 19 of 1964, s. 2, Act No. 19 of 2014, s. 8.]

PART VII – GENERAL
14.
Restriction on use of force
(1) Whenever in this Act it is provided that force may be used for any purpose, the degree of force which may be so used shall not be greater than is reasonably necessary for that purpose; whenever the circumstances so permit without gravely jeopardising the safety of persons and without grave risk of uncontrollable disorder, firearms shall not be used unless weapons less likely to cause death have previously been used without achieving the purpose aforesaid; and firearms and other weapons likely to cause death or serious bodily injury shall, if used, be used with all due caution and deliberation, and without recklessness or negligence.
(2) Nothing in this section shall derogate from the lawful right of any person to use force in the defence of person or property.
[Act No. 53 of 1960, s. 6.]

15.
Service of documents
Where any order, notice or other document is required by or under this Act or any regulations made thereunder to be given to or served on any person, service thereof may be effected either personally on such person or by registered post; and, where the person to be served is a body corporate or a society or other body of persons, service of any such order, notice or document may be effected by serving it personally on any secretary, director or other officer thereof or on any person concerned or acting in the management thereof, or by leaving it or sending it by registered post addressed to the body corporate, society or body of persons at its registered office, or, where there is no registered office, at any place where it carries on business.
[Act No. 53 of 1960, s. 6.]

16.
Presumption of authenticity of certificates
A certificate under any of the provisions of this Act, purporting to be signed by the Minister or by any other authority specified in that behalf in such provision, shall be presumed, until the contrary is proved, to have been signed by such Minister or other authority.
[Act No. 53 of 1960, s. 6.]

17.
Penalty
Every person who is guilty of an offence under this Act, or under any regulations made thereunder, in respect of which no special penalty is provided shall be liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment.
[Act No. 53 of 1960, s. 6.]

17.
Penalty
Every person who is guilty of an offence under this Act, or under any regulations made thereunder, in respect of which no special penalty is provided shall be liable to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment.
[Act No. 53 of 1960, s. 6, Act No. 19 of 2014, s. 9.]

18.
Offences by corporations, societies, etc.
Where any offence under this Act or under any regulations made thereunder is committed by any company, or other body corporate, or by any society, association or body of persons, every person charged with, or concerned or acting in, the control or management of the affairs or activities of such company, body corporate, society, association or body of persons shall be guilty of that offence and liable to be punished accordingly, unless it is proved by such person that, through no act or omission on his part, he was not aware that the offence was being or was intended or about to be committed, or that he took all reasonable steps to prevent its commission.
[Act No. 53 of 1960, s. 6.]

19.
Offences to be cognisable; and consent of Attorney-General
All offences under this Act shall be cognisable to the police; and, where it is provided in this Act that a prosecution for an offence thereunder shall not be instituted without the consent of the Attorney-General, a person may be arrested for and charged with such an offence, and may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the institution of a prosecution for the offence has not been obtained, but no further or other proceedings shall be taken until such consent has been obtained:
Provided that no person shall be arrested for or charged with an offence under section 3 of this Act save with the consent of the Attorney-General first had and obtained.
[Act No. 53 of 1960, s. 6.]

19.
Offences to be cognisable; and consent of Director of Public
Prosecutions
All offences under this Act shall be cognisable to the police; and, where it is provided in this Act that a prosecution for an offence thereunder shall not be instituted without the consent of the Director of Public Prosecutions, a person may be arrested for and charged with such an offence, and may be remanded in custody or on bail, notwithstanding that the consent of the Director of Public Prosecutions to the institution of a prosecution for the offence has not been obtained, but no further or other proceedings shall be taken until such consent has been obtained:
Provided that no person shall be arrested for or charged with an offence under section 3 of this Act save with the consent of the Director of Public Prosecutions first had and obtained.
[Act No. 53 of 1960, s. 6, Act No. 19 of 2014, s. 10.]

20.
Proof of instigation, lawful authority or excuse
(1) Where it is an offence for a person to instigate another to do or omit to do any act or thing, it is immaterial whether or not the instigation succeeds in its purpose.
(2) For the avoidance of doubt, it is hereby declared that the burden of proving lawful or reasonable excuse or lawful authority shall be upon the person alleging the same, and accordingly in any proceedings for an offence under this Act or any regulations made thereunder it shall not be incumbent on the prosecution to prove the lack of any such excuse or authority.
[Act No. 53 of 1960, s. 6.]

21.
Jurisdiction
Notwithstanding anything contained in any other written law, a subordinate court of the first class may try any offence under this Act or under any regulations made thereunder and—
(a) if presided over by a Senior Resident Magistrate, or by any Resident Magistrate upon whom such power has, by notice in the Gazette, been conferred, may pass any sentence authorised for such offence other than a sentence of imprisonment for a term exceeding ten years;
(b) if presided over by a Resident Magistrate, may pass any such sentence other than a sentence of imprisonment for a term exceeding seven years; and
(c) in any other case, may pass any such sentence other than a sentence of imprisonment for a term exceeding five years.
[Act No. 53 of 1960, s. 6, L.N. 87/1964.]

21.
Jurisdiction
Notwithstanding anything contained in any other written law, a subordinate court may try any offence under this Act or under any regulations made thereunder and—
(a) if presided over by a Senior Resident Magistrate, or by any Resident Magistrate upon whom such power has, by notice in the Gazette, been conferred, may pass any sentence authorised for such offence other than a sentence of imprisonment for a term exceeding ten years;
(b) if presided over by a Resident Magistrate, may pass any such sentence other than a sentence of imprisonment for a term exceeding seven years; and
(c) in any other case, may pass any such sentence other than a sentence of imprisonment for a term exceeding five years.
[Act No. 53 of 1960, s. 6, L.N. 87/1964, Act No. 19 of 2014, s. 11.]

22.
Regulations
(1) The Minister may make regulations prescribing anything which may be prescribed under this Act, and generally to give effect to the provisions of this Act.
(2) Notwithstanding the provisions of paragraph (e) of section 31 of the Interpretation and General Provisions Act (Cap. 2), regulations under this section may prescribe such penalties as the Minister may think fit for the contravention thereof, not exceeding, however, the penalties specified in section 17 of this Act.
[Act No. 53 of 1960, s. 6.]

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