CAP. 63 Penal Code [Rev. 2012] PART II – CRIMES Division I – Offences against Public Order CHAPTER VII – TREASON AND ALLIED OFFENCES 40. Treason (1) Any person who, owing allegiance to the Republic, in Kenya or elsewhere— (a) compasses, imagines, invents, devises or intends— (i) the death, maiming or wounding, or the imprisonment or restraint, of the President; or (ii) the deposing by unlawful means of the President from his position as President or from the style, honour and name of Head of State and Commander-in-Chief of the Armed Forces of the Republic of Kenya; or (iii) the overthrow by unlawful means of the Government; and (b) expresses, utters or declares any such compassings, imaginations, inventions, devices or intentions by publishing any printing or writing or by any overt act or deed, is guilty of the offence of treason. (2) Any person who, owing allegiance to the Republic— (a) levies war in Kenya against the Republic; or (b) is adherent to the enemies of the Republic, or gives them aid or comfort, in Kenya or elsewhere; or (c) instigates whether in Kenya or elsewhere any person to invade Kenya with an armed force, is guilty of the offence of treason. (3) Any person who is guilty of the offence of treason shall be sentenced to death. [Act No. 24 of 1967, s. 2.] 41. Deleted by Act No. 24 of 1967, s. 3. 42. Concealment of treason Any person who— (a) becomes an accessory after the fact to treason; or (b) knowing that any person intends to commit treason, does not give information thereof with all reasonable despatch to the AttorneyGeneral, administrative officer, magistrate, or officer in charge of a police station, or use other reasonable endeavours to prevent the commission of the offence, is guilty of the felony termed misprision of treason and is liable to imprisonment for life. [L.N. 124/1964, Act No. 24 of 1967, Sch.] [Issue 1] P6-29