CAP. 63
Penal Code
[Rev. 2012]
46. Dissuasion from enlistment
Any person who wilfully dissuades or attempts to dissuade any other person
from entering the disciplined forces or the police force is guilty of an offence and is
liable to a fine not exceeding five thousand shillings or to imprisonment for a term
not exceeding six months or to both:
Provided that the provisions of this section do not extend to—
(i) comments or criticisms of the policy of the Government in relation to
such forces as aforesaid made in good faith; or
(ii) advice given privately and in good faith by one person to another
person for the benefit of that other person or of anyone in whom that
other person is interested.
[Act No. 54 of 1960, s. 9, Act No. 3 of 1965, s. 26, Act No. 24 of 1967, Sch.]
47. Inciting to mutiny
Any person who advisedly attempts to effect any of the following purposes, that
is to say—
(a) to seduce any member of the disciplined forces or any police officer
from his duty or allegiance; or
(b) to incite any such persons to commit an act of mutiny or any traitorous
or mutinous act; or
(c) to incite any such persons to make or endeavour to make a mutinous
assembly,
is guilty of a felony and is liable to imprisonment for life.
[Act No. 3 of 1965, s. 26, Act No. 24 of 1967, Sch.]
48. Aiding, etc., to mutiny, or inciting sedition or disobedience
Any person who—
(a) aids or abets, or is accessory to, any act of mutiny by, or
(b) incites to sedition or to disobedience to any lawful order given by a
superior officer, any member of the disciplined forces or any police
officer,
is guilty of a misdemeanour.
[Act No. 3 of 1965, s. 26, Act No. 24 of 1967, Sch.]
49. Inducing desertion
Any person who, by any means whatever, directly or indirectly—
(a) procures or persuades or attempts to procure or persuade to desert;
or
(b) aids or abets, or is accessory to, the desertion of; or
(c) having reason to believe he is a deserter, harbours or aids in
concealing, any member of the military forces of Kenya or any police
officer is guilty of a misdemeanour and is liable to imprisonment for
six months.
[Act No. 24 of 1967, Sch.]
[Issue 1]
P6-31
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