(b)
(ii) the false testimony is given orally or in writing;
(iii) the court or tribunal is properly constituted, or is held in the
proper place, or not, if it actually acts as a court or tribunal
in the proceeding in which the testimony is given;
(iv) the person who gives the testimony is a competent witness
or not, or whether the testimony is admissible in the
proceeding or not;
the forms and ceremonies used in administering the oath or in
otherwise binding the person giving the testimony to speak the
truth are immaterial, if he or she assents to the forms and
ceremonies actually used.
(3) Any person who aids, abets, counsels, procures or suborns
another person to commit perjury is guilty of the misdemeanour termed
subornation of perjury.
95.
Contradictory statements.
(1) Where a witness in any judicial proceedings, other than a person
accused of an offence to which the proceedings relate, makes a statement on
oath or affirmation of some fact relevant in the proceedings contradicting in
a material particular a previous statement made by the witness on oath or
affirmation before a court during the same or any other judicial proceedings,
the witness, if the court is satisfied that either of the statements made was
made with intent to deceive, commits an offence and is liable on conviction
to a fine not exceeding ten thousand shillings or to imprisonment for a term
not exceeding twelve months or to both such fine and imprisonment.
(2) Upon the trial of any person for an offence under this section, it
shall not be necessary to prove the falsity of his or her statement mentioned
in subsection (1).
(3) No prosecution under this section shall be commenced unless
with the consent in writing of the Director of Public Prosecutions.
(4) In this section, “statement” includes a statement of evidence given
during a criminal proceeding and certified by a magistrate.
96.
False statements by interpreters.
Any person who, lawfully sworn as an interpreter in a judicial proceeding,
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