Kenya

The Penal Code - Chapter 63

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 .

Keywords

Offences against administration of justice
Giving false testimony



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