[Rev. 2012]
Penal Code
CAP. 63
75. Deleted by Act No. 4 of 1968, s. 54.
76. Deleted by Act No. 4 of 1968, s. 54.
77. Subversive activities
(1) Any person who does or attempts to do, or makes any preparation to
do, or conspires with any person to do, any act with a subversive intention, or
utters any words with a subversive intention, is guilty of an offence and is liable to
imprisonment for a term not exceeding seven years.
(2) Deleted by Act No. 5 of 2003, s. 9.
(3) For the purposes of this section, “subversive” means—
(a) supporting, propagating (otherwise than with intent to attempt to
procure by lawful means the alteration, correction, defeat, avoidance
or punishment thereof) or advocating any act or thing prejudicial to
public order, the security of Kenya or the administration of justice;
(b) inciting to violence or other disorder or crime, or counselling defiance
of or disobedience to the law or lawful authority;
(c) intended or calculated to support or assist or benefit, in or in relation
to such acts or intended acts as are hereinafter described, persons
who act, intend to act or have acted in a manner prejudicial to public
order, the security of Kenya or the administration of justice, or who
incite, intend to incite or have incited to violence or other disorder or
crime, or who counsel, intend to counsel or have counselled defiance
of or disobedience to the law or lawful authority;
(d) indicating, expressly or by implication, any connexion, association or
affiliation with, or support for, any unlawful society;
(e) intended or calculated to promote feelings of hatred or enmity
between different races or communities in Kenya:
(f)
Provided that the provisions of this paragraph do not extend to
comments or criticisms made in good faith and with a view to
the removal of any causes of hatred or enmity between races or
communities;
intended or calculated to bring into hatred or contempt or to excite
disaffection against any public officer, or any class of public officers,
in the execution of his or their duties, or any naval, military or air force
or the National Youth Service for the time being lawfully in Kenya or
any officer or member of any such force in the execution of his duties:
Provided that the provisions of this paragraph do not extend to
comments or criticisms made in good faith and with a view to the
remedying or correction of errors, defects or misconduct on the part of
any such public officer, force or officer or member thereof as aforesaid
and without attempting to bring into hatred or contempt, or to excite
disaffection against, any such person or force; or
P6-39
[Issue 1]
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