a. Misdemeanor {Section 36 of the Penal Code}
This is an offence punishable with imprisonment for a term not exceeding two years or with a fine, or with both.
b. Felony {Section 3 of the Penal Code}
This is an offence which… is punishable, without proof of previous conviction, with death, or with imprisonment for three years or more.
PARTIES TO AN OFFENCE
a. Principal offenders {Section 20(1) of the Penal Code}
These are people who either;
• Commit an act or omission which constitutes an offence.
• Does an act or omits to perform an act which aids another in committing an offence.
• Aids or abets a person in committing the offence e.g. provides an escape car.
• Counsels or procures another in committing an offence.
b. Joint offenders {Section 21 of the Penal Code}
Where two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another and in the prosecution of such a purpose an offence is committed, such persons will have a joint liability.

• Death.
• Imprisonment.
• Community service under a community service order.
• Detention under the Detention Camps Act.
• Fine.
• Forfeiture.
• Payment of compensation.
• Finding security to keep the peace and be of good behavior.
• Any other punishment provided by the Penal Code Act.

Yes, a police officer can use force when making an arrest but only when the person being arrested uses force to resist the arrest or tries to evade being arrested.
However, the courts will evaluate the extent of force used and the gravity of offence committed.

• To be informed in the language they understand of; the reason for the arrest, the right to remain silent and the consequences of not remaining silent.
• To remain silent.
• To communicate with an advocate, and other persons whose assistance is necessary.
• Not to be compelled to make any confession or admission that could be used in evidence against the person.
• To be held separately from persons who are serving a sentence.
• To be brought before a court as soon as reasonably possible, but not later than; twenty-four hours after being arrested or if the twenty-four hours ends outside ordinary court hours, or on a day that is not an ordinary court day, the end of the next court day.
• At the first court appearance, to be charged or informed of the reason for the detention continuing, or to be released.
• To be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.

• To be presumed innocent until proven guilty
• To be informed of the charge, with sufficient detail to answer it.
• To have adequate time and facilities to prepare a defence.
• To a public trial before a court.
• To have the trial begin and conclude without unreasonable delay.
• To be present when being tried, unless the conduct of the accused person makes it impossible for the trial to proceed.
• To choose, and be represented by, an advocate, and to be informed of this right promptly.
• To have an advocate assigned to the accused person by the State and at State expense if substantial injustice would otherwise result, and to be informed of this right promptly.
• To remain silent, and not to testify during the proceedings.
• To be informed in advance of the evidence the prosecution intends to rely on, and to have reasonable access to that evidence.
• To adduce and challenge evidence.
• To refuse to give self-incriminating evidence;
• To have the assistance of an interpreter without payment if the accused person cannot understand the language used at the trial.
• To not to be convicted for an act or omission that at the time it was committed or omitted was not— (i) an offence in Kenya; or (ii) a crime under international law;
• Not to be tried for an offence in respect of an act or omission for which the accused person has previously been either acquitted or convicted.
• To the benefit of the least severe of the prescribed punishments for an offence, if the prescribed punishment for the offence has been changed between the time that the offence was committed and the time of sentencing.
• If convicted, to appeal to, or apply for review by, a higher court as prescribed by law.

• A child under the age of eight years is not criminally responsible for any act or omission.
• A child under the age of twelve years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission he had capacity to know that he ought not to do the act or make the omission.
• A male person under the age of twelve years is presumed to be incapable of having carnal knowledge.

This is when a person destroys, damages or defiles any place of worship or any object which is held sacred by any class of persons with the intention of insulting the religion or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion.

Any person who commits this offence is guilty of a misdemeanor.

Yes it’s an offence, in which a person is guilty of a misdemeanor.

No, it’s not an offence. However, profiting from prostitution or aiding or abetting or inciting prostitution is an offence in which one is guilty of a felony.

No, it is illegal.
However, according to Article 26(iv) of the Constitution, it is permitted only in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law.

Any person who, with intent to procure miscarriage of a woman, whether she is or is not withchild, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, is guilty of a felony and is liable to imprisonment for fourteen years.

Any person who unlawfully and knowingly supplies drugs or instruments used to procure the miscarriage of a woman whether she is or is not with child, is guilty of a felony and is liable to imprisonment for three years.

When a person intentionally deprives a parent, guardian or other person who has the lawful care or charge of a child under the age of fourteen years of the possession of the child by forcibly or fraudulently taking or enticing away or detaining the child; or receives or harbors the child, with knowledge that it has been taken or enticed away or detained.

Stealing is taking without claim of right anything capable of being stolen, or fraudulently converting any property to the use of any person, other than the rightful owner.

• Inanimate things which are moveable e.g. cars, wheelbarrows and that belong to another person.
• Inanimate things which are capable of been made movable.These things are capable of being stolen as soon as they become movable.
• Tame animals, whether tame by nature e.g. cow or chicken/ wild by nature and subsequently tamed e.g. tamed lion.
• Animals which are wild by nature, and which are usually kept in a state of confinement(cage), whether they are actually in confinement or have escaped from confinement.
• Wild animals which are ordinarily found in a condition of natural liberty in Kenya e.g. monkeys, which are the property of any person, are capable of being stolen while they are in confinement, and while they are being actually pursued after escaping from confinement, but not at any other time.
• Wild animals in the enjoyment of their natural liberty e.g. elephants in the Tsavo National Park are not capable of being stolen, but their Dead bodies are capable of being stolen.
• Everything produced by or forming part of the body of an animal capable of being stolen is capable of being stolen e.g. animal fur.
• Information is capable of being stolen.

Yes, when a spouse together with another person procures anything belonging to the other spouse with knowledge that it would have been considered to be theft if they were not married, can be charged for theft.

A person handles stolen goods if (otherwise than in the course of the stealing) knowing or having reason to believe them to be stolen goods he dishonestly receives or retains the goods, or dishonestly undertakes, or assists in, their retention, removal, disposal or realization by or for the benefit of another person, or if he arranges to do so.

A person who handles stolen goods is guilty of a felony and is liable to imprisonment with hard labor for a term not exceeding fourteen years.

These are goods when obtained amount to a felony or misdemeanor.
No goods shall be regarded as having continued to be stolen goods after they have been restored to the person from whom they were stolen or to other lawful possession or custody.

If the value of the fixture or chattel exceeds one hundred shillings, the offender is liable to imprisonment for seven years.

Housebreaking-this is when a person enters any building or vessel used for human dwelling and commits a felony during the day. {Section 304(1a) of the Penal Code}
Burglary-this is when a person enters any building or vessel used for human dwelling and commits a felony at night. {Section 304(2) of the Penal Code}

An offender is guilty of a felony and is liable to imprisonment for five years.
However, if the offence is committed in the night, the offender is liable to imprisonment for seven years. {Section 305(1)(2) of the Penal Code}

Any person who breaks and enters a building is guilty of a felony and is liable to imprisonment for seven years.

Any person who for gain or reward undertakes to tell fortunes, or pretends from his skill or knowledge in any occult science to discover where or in what manner anything supposed to have been stolen or lost may be found, is guilty of a misdemeanor.