PART II
CRIMES

Division II. – Offences against the Administration of Lawful Authority.

CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

102. Perjury and subornation of perjury.

(1) Any person who, in any judicial proceedings, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then depending in that proceeding or intended to be raised in that proceeding, commits an offence of perjury and It is immaterial —

(a) whether or not the testimony is given on oath ;
(b) that the person giving the testimony and bound to speak the truth assents to the forms and ceremonies actually used in administering the oath or in otherwise binding him ;
(c) whether the false testimony is given orally or in writing ;
(d) whether 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 ;
(e) whether the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceedings or not.

(2) Any person who, aids, abets, counsels, procures or suborns another person to commit perjury commits an offence of subornation of perjury.

103. False statements by interpreters.

Any person who, having been lawfully sworn as an interpreter in a judicial proceeding, wilfully makes a statement material in that proceeding which he knows to be false, or does not believe to be true, commits an offence of perjury.

104. Punishment for perjury.

A person who commits perjury or suborns perjury is liable to imprisonment for seven years.

105. Evidence on charge of perjury.

A court shall not convict A person of perjury or of subornation of perjury solely upon the evidence of one witness as to the falsity of any statement alleged to be false.

106. Fabricating evidence

Any persons who, with intent to mislead any tribunal in any judicial proceeding—

(a) fabricates evidence by any means other than perjury or subornation of perjury ; or
(b) knowingly makes use of the fabricated evidence,
(c) commits an offence and is liable to imprisonment for seven years.

107. False swearing

Any person who swears falsely or makes a false affirmation or declaration before a person authorised to administer an oath or take a declaration upon a matter of public concern under such circumstances that the false swearing or declaration, if done in a judicial proceeding, would have amounted to perjury, commits an offence.

108. Deceiving witnesses

Any person who practises any fraud or deceit or knowingly makes or exhibits any false statement representation, token, or writing to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of that person as a witness, commits an offence.

109. Destroying evidence

A person who, knowing that any book, document, or thing of any kind whatsoever is or may be required in evidence in a judicial proceeding, wilfully removes or destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, commits an offence.

110. Conspiracy to defeat justice and interference with witnesses Ord. No. 5 of 1961 s. 5 ; Act No. 2 1962 Sch.

A person who—

(a) conspires with any other person to accuse any person falsely of any crime or to do anything to obstruct, prevent, pervert, or defeat the course of justice ; or
(b) in order to obstruct the due course of justice, dissuades, hinders or prevents any person lawfully bound to appear and give evidence as a witness from so appearing and giving evidence, or attempts to do so,
commits an offence and is liable to imprisonment for five years.

111. Unlawful compounding of offences

Any person who asks, receives, or obtains or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person upon any agreement or understanding that he will compound or conceal an offence, or will abstain from, discontinue, or delay a prosecution for an offence, or will withhold any evidence thereof, commits an offence.

112. Compounding penal actions

Any person who having brought, or under pretence of bringing, against another person a criminal charge founded on any written law in order to obtain from him a penalty for an offence committed or alleged to have been committed by him, compounds the criminal charge without the order or consent of the court in which the charge is brought or is to be brought commits an offence.

113. Advertisements for stolen property

Any person who–

(a) publicly offers a reward for the return of any property which has been stolen or lost and in the offer makes use of any words purporting that no questions will be asked or that the person producing such property will not be seized or molested ; or
(b) publicly offers to return to any person who may have bought or advanced money by way of loan upon any stolen or lost property the money so paid or advanced, or any other sum of money or reward for the return of the property ; or
(c) prints or publishes any offer, referred to in paragraph (a) or (b), commits an offence.

114. Contempt of court Cap. 11 6th Sch. ; Act No. 3 of 1995 Sch.

(1) Any person who–

(a) within the premises or the precincts of premises in which any judicial proceeding is being had or taken, shows disrespect, in speech nor manner, to or with reference to such proceeding, or any person before whom such proceeding is being had or taken ;
(b) having been called upon to give evidence in a judicial proceeding, fails to attend or, having attended, refuses to be sworn or to make an affirmation, or having been sworn or affirmed, refuses without lawful excuse to answer a question or to produce a document or other thing, or remains in the
room in which the proceeding is being had or taken, after the witnesses have been ordered to leave that room ;
(c) causes an obstruction or disturbance in the course of a judicial proceeding ;
(d) while a judicial proceeding is pending, publishes, prints or makes use of any speech or writing, misrepresenting the proceeding, or capable of prejudicing any person in favour of or against any parties to the proceeding, or calculated to lower the authority of any person before whom that
proceeding is being had or taken ;
(e) publishes a report of the evidence taken in any judicial proceeding which has been directed to be held in private ;
(f) attempts wrongfully to interfere with or influence a witness in a judicial proceeding, either before or after he has given evidence, in connection with the evidence ;
(g) dismisses a servant because he has given evidence on behalf of a certain party to a judicial proceeding ;
(h) wrongfully retakes possession of any land or other property from any person who has recently obtained judgment from a court for the recovery of possession of that land or property ;
(i) wrongfully retakes possession of a child from any person who has obtained the custody of the child under an order of court ;
(j) having the means to pay compensation or costs or any other sum in civil or criminal proceedings awarded against him by a primary court, wrongfully refuses or neglects after due notice to make the payment in accordance with any order for payment whether or not by instalments ; or
(k) commits any other act of intentional disrespect to any judicial proceeding or to any person before whom the proceeding is being heard or taken,
(l) commits an offence, and is liable to imprisonment for six months or to a fine not exceeding five hundred shillings.

(2) When any offence against paragraphs (a), (b), (c), (d), or (k) of subsection (1) is committed in view of the court, the court may cause the offender to be detained in custody and, at any time before the rising of the court on the same day may take cognisance of the offence and sentence the offender to a fine of four hundred shillings or in default of payment to imprisonment for one month.

(3) The provisions of this section shall be deemed to be in addition to and not in derogation from the power of the High Court to punish for contempt of court.

(4) Paragraph (b) of subsection (1) shall have effect in relation to proceedings in a primary court in which evidence is not given on oath or affirmation as if the references to a person having been or affirmed included a reference to a person having been required by the court to give evidence in those proceedings.


114A. Preventing or obstructing service or execution of process Ord. No. 5 1961 s. 6

Any person who–

(a) wilfully obstructs or knowingly prevents or in any way interferes with or resists the service upon himself or any other person of any summons, notice, order, of warrant or other process issued by a court for service on himself or such other person, as the case may be ;
(b) wilfully obstructs or knowingly prevents or in any way interferes with or resists the execution of any summons, notice, order, warrant or other process issued by a court, or any person lawfully charged with its execution ; or
(c) absconds in order to avoid being served with any summons, notice, order, warrant or other process issued by a court, commits an offence and shall be liable on conviction to imprisonment for
a term not exceeding one year.

Article 70
Offences against the administration of justice
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;
(b) Presenting evidence that the party knows is false or forged;
(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;
(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.