[Rev. 2012]
(c)
(d)
(e)
Penal Code
CAP. 63
carries on or takes part in any business, whether public or private
concerned with any such matters or things, or deals in any such
matters or things in any manner whatsoever, or distributes any of
them, or exhibits any of them publicly, or makes a business of lending
any of them; or
advertises or makes known by any means whatsoever, with a view to
assisting the circulation of or traffic in any such matters or things, that
a person is engaged in any of the acts referred to in this section, or
advertises or makes known how, or from whom, any such matters or
things can be procured either directly or indirectly; or
publicly exhibits any indecent show or performance or any show or
performance tending to corrupt morals,
is guilty of a misdemeanour and is liable to imprisonment for two years or to a fine
of seven thousand shillings.
(2) If, in respect of any of the offences specified in paragraphs (a), (b), (c) and
(d) of subsection (1), any constituent element thereof is committed in Kenya, such
commission shall be sufficient to render the person accused of such offence triable
therefore in Kenya.
(3) A court, on convicting any person of an offence against this section, may
order to be destroyed any matter or thing made, possessed or used for the purpose
of that offence.
(4) A court may, on the application of the Director of Public Prosecutions,
the Solicitor-General, a State Counsel or a Superintendent of Police, order the
destruction of any obscene matter or thing to which this section relates, whether
any person may or may not have been convicted under this section in respect of
the obscene matter or thing.
[Act No. 5 of 2003, s. 35.]
182. Idle and disorderly persons
The following persons—
(a) every common prostitute behaving in a disorderly or indecent manner
in any public place;
(b) every person causing, procuring or encouraging any person to beg
or gather alms;
(c) deleted by Act No. 61 of 1968, s. 22;
(d) every person who publicly conducts himself in a manner likely to
cause a breach of the peace;
(e) every person who without lawful excuse publicly does any indecent
act;
(f) every person who in any public place solicits for immoral purposes;
(g) deleted by Act No. 61 of 1968, s. 22,
shall be deemed idle and disorderly persons, and are guilty of a misdemeanour
and are liable for the first offence to imprisonment for one month or to a fine not
exceeding one hundred shillings, or to both and for every subsequent offence to
imprisonment for one year.
[Act No. 40 of 1952, Sch., Act No. 9 of 1966, s. 71, Act No. 24 of 1967, Sch.,
Act No. 61 of 1968, s. 22.]
P6-63
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