CAP. 63 Penal Code [Rev. 2012] (2) It is immaterial, except so far as regards punishment, whether the offender does all that is necessary on his part for completing the commission of the offence, or whether the complete fulfillment of his intention is prevented by circumstances independent of his will, or whether he desists of his own motion from the further prosecution of his intention. (3) It is immaterial that by reason of circumstances not known to the offender it is impossible in fact to commit the offence. 389. Attempts to commit offences. Any person who attempts to commit a felony or a misdemeanour is guilty of an offence and is liable, if no other punishment is provided, to one-half of such punishment as may be provided for the offence attempted, but so that if that offence is one punishable by death or life imprisonment he shall not be liable to imprisonment for a term exceeding seven years. [Act No. 27 of 1962, s. 19.] 390. Repealed by Act No. 10 of 1969, Sch. 391. Soliciting or inciting others to commit offence Any person who solicits or incites or attempts to procure another to do any act or make any omission, whether in Kenya or elsewhere, of such a nature that, if the act were done or the omission were made, an offence would thereby be committed, under the laws of Kenya or the laws in force in the place where the act or omission is proposed to be done or made, whether by himself or by that other person, is guilty of an offence of the same kind and is liable to the same punishment as if he had himself attempted to do the same act or make the same omission in Kenya: Provided that— (i) if the act or omission is proposed to be done or made at a place not in Kenya, the punishment shall not exceed that which he would have incurred under the laws in force where the act or omission was proposed to be done or made, if he had himself attempted to do the proposed act or make the proposed omission; (ii) a prosecution shall not be instituted in the last-mentioned case except at the request of the Government of the State having jurisdiction in the place where the act or omission was proposed to be done or made. 392. Neglect to prevent felony Every person who, knowing that a person designs to commit or is committing a felony, fails to use all reasonable means to prevent the commission or completion thereof is guilty of a misdemeanour. CHAPTER XLI – CONSPIRACIES 393. Conspiracy to commit felony Any person who conspires with another to commit any felony, or to do any act in any part of the world which if done in Kenya would be a felony, and which is an offence under the laws in force in the place where it is proposed to be done, is [Issue 1] P6-114