CAP. 63 Penal Code [Rev. 2012] 122D. Order or consent to be proven The results of any test or analysis carried out on a sample obtained from a DNA sampling procedure within the meaning of section 122A shall not be admissible in evidence at the request of the prosecution in any proceedings against the suspect unless an order under section 122A or a consent under 122C is first proven to have been made or given. [Act No. 5 of 2003, s. 14.] 123. Escape Any person who, being in lawful custody, escapes from that custody is guilty of a misdemeanour. 124. Aiding escape Any person who— (a) aids a prisoner in escaping or attempting to escape from lawful custody; or (b) conveys anything or causes anything to be conveyed into a prison with intent to facilitate the escape of a prisoner, is guilty of a felony and is liable to imprisonment for seven years. 125. Removal, etc., of property under lawful seizure Any person who, when any property has been attached or taken under the process of authority of any court, knowingly, and with intent to hinder or defeat the attachment or process, receives, removes, retains, conceals or disposes of that property is guilty of a felony and is liable to imprisonment for three years. 126. Obstructing court officers Any person who wilfully obstructs or resists any person lawfully charged with the execution of an order or warrant of any court is guilty of a misdemeanour and is liable to imprisonment for one year. CHAPTER XIII – MISCELLANEOUS OFFENCES AGAINST PUBLIC AUTHORITY 127. Frauds and breaches of trust by persons employed in the public service (1) Any person employed in the public service who, in the discharge of the duties of his office, commits any fraud or breach of trust affecting the public, whether the fraud or breach of trust would have been criminal or not if committed against a private person, is guilty of a felony. (2) A person convicted of an offence under this section shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding ten years or to both. [Act No. 5 of 2003, s. 14.] 128. Neglect of official duty Every person employed in the public service who wilfully neglects to perform any duty which he is bound either by common law or by any written law to [Issue 1] P6-54