'Offences against administration of justice' in document 'Kenya - Penal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part II— – Crimes

Division I – Offences against Public Order

Chapter XI— – Offences relating to the administration of Justice

108. (1)(a) Any person who, in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then pending in that proceeding or intended to be raised in that proceeding, is guilty of the misdemeanour termed perjury.
(b) It is immaterial whether the testimony is given on oath or under any other sanction authorized by law.
(c) 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 assent to the forms and ceremonies actually used.
(d) It is immaterial whether the false testimony is given orally or in writing.
(e) It is immaterial 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.
(f) It is immaterial whether the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceeding or not.

(2) Any person who aids, abets, counsels, procures or suborns another person to commit perjury is guilty of the misdemeanour termed subornation of perjury .

Part II— – Crimes

Division I – Offences against Public Order

Chapter XI— – Offences relating to the administration of Justice

113. Any person 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 such fabricated evidence, is guilty
of a misdemeanour and is liable to imprisonment for seven years

Part II— – Crimes

Division I – Offences against Public Order

Chapter XI— – Offences relating to the administration of Justice

115. 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 such person as a witness, is guilty of a misdemeanour.

Part II— – Crimes

Division I – Offences against Public Order

Chapter XI— – Offences relating to the administration of Justice

116. Any 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, is guilty of a misdemeanour

Part II— – Crimes

Division I – Offences against Public Order

Chapter XI— – Offences relating to the administration of Justice

117. Any 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 endeavours to do so; or
(c) obstructs or in any way interferes with or knowingly prevents the execution of any legal process, civil or criminal,
is guilty of an offence and is liable to imprisonment for five years

Part II— – Crimes

Division I – Offences against Public Order

Chapter XI— – Offences relating to the administration of Justice

118. 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 a felony, or will abstain from, discontinue or delay a prosecution for a felony, or will withhold any evidence thereof, is guilty of a misdemeanour.

Part II— – Crimes

Division I – Offences against Public Order

Chapter XI— – Offences relating to the administration of Justice

119. Any person who, having brought, or under pretence of bringing, an action against another person upon a penal law in order to obtain from him a penalty for any offence committed or alleged to 24 have been committed by him, compounds the action without the order or consent of the court in which the action is brought or is to be brought, is guilty of a misdemeanour

Part II— – Crimes

Division I – Offences against Public Order

Chapter XI— – Offences relating to the administration of Justice

121. (1) Any person who -
(a) within the premises in which any judicial proceeding is being had or taken, or within the precincts of the same, shows disrespect, in speech or manner, to or with reference to such proceeding, or any person before whom such proceeding is being had or taken ; or
(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 remains in the room in which such proceeding is being had or taken, after the witnesses have been ordered to leave such room; or
(c) causes an obstruction or disturbance in the course of a judicial proceeding ; or
(d) while a judicial proceeding is pending, makes use of any speech or writing misrepresenting such proceeding or capable of prejudicing any person in favour of or against any parties to such proceeding, or calculated to lower the authority of any person before whom such proceeding is being had or taken; or
(e) publishes a report of the evidence taken in any judicial proceeding which has been directed to be held in private; or
(f) attempts wrongfully to interfere with or influence a witness in a judicial proceeding, either before or after he has given evidence, in connexion with such evidence ; or
(g) dismisses a servant because he has given evidence on behalf of a certain party to a judicial proceeding; or
(h) wrongfully retakes possession of land from any person who has recently obtained possession by a writ of court; or
(i) commits any other act of intentional disrespect to any judicial proceedings, or to any person before whom such proceeding is being had or taken,

is guilty of an offence and is liable to imprisonment for three years .

RELEVANT ROME STATUTE PROVISIONS

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.