CAP. 63 Penal Code [Rev. 2012] 96. Incitement to violence and disobedience of the law Any person who, without lawful excuse, the burden of proof whereof shall lie upon him, utters, prints or publishes any words, or does any act or thing, indicating or implying that it is or might be desirable to do, or omit to do, any act the doing or omission of which is calculated— (a) to bring death or physical injury to any person or to any class, community or body of persons; or (b) to lead to the damage or destruction of any property; or (c) to prevent or defeat by violence or by other unlawful means the execution or enforcement of any written law or to lead to defiance or disobedience of any such law, or of any lawful authority, is guilty of an offence and is liable to imprisonment for a term not exceeding five years. [Act No. 32 of 1958, s. 2, Act No. 54 of 1960, s. 19, Act No. 5 of 2003, s. 10.] 97. Assemblying for smuggling Any persons who assemble together, to the number of two or more, for the purpose of unshipping, carrying or concealing any goods subject to customs duty and liable to forfeiture under any law relating to the customs, are guilty of a misdemeanour and each of them is liable to a fine not exceeding six thousand shillings or to imprisonment for six months. [Act No. 40 of 1952, Sch.] 98. Wrongfully inducing a boycott (1) Whenever the Minister is satisfied that any boycott is being conducted or is threatened or likely to be conducted in Kenya with the intention or effect of— (a) bringing into hatred or contempt, exciting disaffection against or undermining the lawful authority of the Government of Kenya, or any local authority, or of persuading any such body to alter any law or bylaw, to appoint any commission or committee or to take any action which it is not by law required to take; or (b) endangering public order in Kenya; or (c) bringing the economic life of Kenya into jeopardy; or (d) raising discontent or disaffection amongst the inhabitants of Kenya, or engendering feelings of ill-will or hostility between different classes or different races of the population of Kenya, he may, by notice published in the Gazette, designate that boycott for the purposes of this section and may, by the same or any subsequent notice so published, specify in relation to a designated boycott any action which he is satisfied is likely to further that boycott, including (but without prejudice to the generality of that power) any action falling within any of the following classes of action, that is to say— (i) abstaining from buying goods from or selling goods to any person or class of persons; or [Issue 1] P6-44