PART II
CRIMES

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

CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

104. Punishment for perjury.

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

PART II
CRIMES

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

CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

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.

PART II
CRIMES

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

CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

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.

PART II
CRIMES

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

CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

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.