CAP. 63
Penal Code
[Rev. 2012]
“unlawful society” means any unlawful society within the meaning of
section 4(1) of the Societies Act (Cap. 108);
“utter” means and includes using or dealing with and attempting to use or
deal with and attempting to induce any person to use, deal with, or act upon
the thing in question;
“valuable security” includes any document which is the property of any
person, and which is evidence of the ownership of any property or of the right
to recover or receive any property;
“vessel” includes any ship, a boat and every other kind of vessel used in
navigation either on the sea or in inland waters and includes aircraft;
“wound” means any incision or puncture which divides or pierces any
exterior membrane of the body, and any membrane is exterior for the purpose
of this definition which can be touched without dividing or piercing any other
membrane;
“written law” means the Constitution, any Act of Parliament of Kenya, or
any applied Act, and includes any orders, rules, regulations, by-laws or other
subsidiary legislation made under any written law.
[Act No. 42 of 1951, s. 2, Act No. 54 of 1960, s. 2, L.N.427/1963,
L.N.124/1964, Act No. 24 of 1967, Sch., Act No. 1 of 2009, Sixth Sch.]
CHAPTER III – TERRITORIAL APPLICATION OF CODE
5. Jurisdiction of local courts
The jurisdiction of the courts of Kenya for the purposes of this Code extends to
every place within Kenya, including territorial waters.
[Act No. 24 of 1967, Sch.]
6. Offences committed partly within and partly beyond the jurisdiction
When an act which, if wholly done within the jurisdiction of the court, would be an
offence against this Code, is done partly within and partly beyond the jurisdiction,
every person who within the jurisdiction does or makes any part of such act may
be tried and punished under this Code in the same manner as if such act had been
done wholly within the jurisdiction.
CHAPTER IV – GENERAL RULES AS TO CRIMINAL RESPONSIBILITY
7. Ignorance of law
Ignorance of the law does not afford any excuse for any act or omission which
would otherwise constitute an offence unless knowledge of the law by the offender
is expressly declared to be an element of the offence.
8. Bona fide claim of right
A person is not criminally responsible in respect of an offence relating to
property, if the act done or omitted to be done by him with respect to the property
was done in the exercise of an honest claim of right and without intention to defraud.
[Issue 1]
P6-19
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