[Rev. 2012]
Penal Code
CAP. 63
guilty of a felony and is liable, if no other punishment is provided, to imprisonment
for seven years, or, if the greatest punishment to which a person convicted of the
felony in question is liable is less than imprisonment for seven years, then to that
lesser punishment.
394. Conspiracy to commit misdemeanour
Any person who conspires with another to commit a misdemeanour, or to do
any act in any part of the world which if done in Kenya would be a misdemeanour,
and which is an offence under the laws in force in the place where it is proposed
to be done, is guilty of a misdemeanour.
395. Other conspiracies
Any person who conspires with another to effect any of the purposes following,
that is to say—
(a) to prevent or defeat the execution or enforcement of any written law; or
(b) to cause any injury to the person or reputation of any person or to
depreciate the value of any property of any person; or
(c) to prevent or obstruct the free and lawful disposition of any property
by the owner thereof for its fair value; or
(d) to injure any person in his trade or profession; or
(e) to prevent or obstruct, by means of any act or acts which if done by an
individual person would constitute an offence on his part, the free and
lawful exercise by any person of his trade, profession or occupation; or
(f) to effect any unlawful purpose; or
(g) to effect any lawful purpose by any unlawful means,
is guilty of a misdemeanour.
CHAPTER XLII – ACCESSORIES AFTER THE FACT
396. Definition of accessories after the fact
(1) A person who receives or assists another who is, to his knowledge, guilty
of an offence, in order to enable him to escape punishment, is said to become an
accessory after the fact to the offence.
(2) A wife does not become an accessory after the fact to an offence of which
her husband is guilty by receiving or assisting him in order to enable him to escape
punishment; or by receiving or assisting in her husband’s presence and by his
authority another person who is guilty of an offence in the commission of which her
husband has taken part, in order to enable that other person to escape punishment;
nor does a husband become an accessory after the fact to an offence of which
his wife is guilty by receiving or assisting her in order to enable her to escape
punishment.
P6-115
[Issue 1]
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