CAP. 63 (g) Penal Code [Rev. 2012] intended or calculated to seduce from his allegiance or duty any public officer or any officer or member of any naval, military or air force or the National Youth Service for the time being lawfully in Kenya. [Act No. 54 of 1960, s. 16, Act No. 3 of 1965, s. 26, Act No. 5 of 2003, s. 9, Act No. 7 of 2007, Sch.] 78. Definition of unlawful assembly and riot (1) When three or more persons assemble with intent to commit an offence, or, being assembled with intent to carry out some common purpose, conduct themselves in such a manner as to cause persons in the neighbourhood reasonably to fear that the persons so assembled will commit a breach of the peace, or will by such assembly needlessly and without any reasonable occasion provoke other persons to commit a breach of the peace, they are an unlawful assembly. (2) It is immaterial that the original assembling was lawful if, being assembled, they conduct themselves with a common purpose in such a manner as aforesaid. (3) When an unlawful assembly has begun to execute the purpose for which it assembled by a breach of the peace and to the terror of the public, the assembly is called a riot, and the persons assembled are said to be riotously assembled. 79. Punishment of unlawful assembly Any person who takes part in an unlawful assembly is guilty of a misdemeanour and is liable to imprisonment for one year. [Act No. 42 of 1951, s. 5.] 80. Punishment of riot Any person who takes part in a riot is guilty of a misdemeanour. 81. Proclamation for rioters to disperse (1) Any administrative officer or magistrate, or, in his absence, any gazetted officer or inspector of the Kenya Police Force or any commissioned officer in the military forces in Kenya, in whose view twelve or more persons are riotously assembled, or who apprehends that a riot is about to be committed by twelve or more persons assembled within his view, may make or cause to be made a proclamation, in such form as he thinks fit, commanding the rioters or persons so assembled to disperse peaceably. (2) For the purposes of this section, “military forces” includes naval and air forces. [Act No. 53 of 1952, s. 3, Act No. 52 of 1955, s. 8, Act No. 24 of 1967, Sch., Act No. 8 of 1968, Sch.] 82. Dispersal of rioters after proclamation If upon the expiration of a reasonable time after such proclamation made, or after the making of such proclamation has been prevented by force, twelve or more persons continue riotously assembled together, any person authorized to make proclamation, or any police officer, or any other person acting in aid of [Issue 1] P6-40