Penal Code of Kenya

Penal Code (CAP. 63) of the Republic of Kenya

1. Short title

This Act may be cited as the Penal Code and is hereinafter referred to as “this Code”.

2. Saving

Except as hereinafter expressly provided nothing in this Code shall affect—

(a) the liability, trial or punishment of a person for an offence against the common law or against any other law in force in Kenya other than this Code; or

(b) the liability of a person to be tried or punished under any law in force in Kenya relating to the jurisdiction of the courts of Kenya for an offence in respect of an act done beyond the ordinary jurisdiction of such courts; or

(c) the power of any court to punish a person for contempt of such court; or

(d) the liability or trial of a person, or the punishment of a person under any sentence passed or to be passed, in respect of any act done or commenced before the commencement of this Code; or

(e) any power of the President to grant any pardon or to remit or commute in whole or in part or to respite the execution of any sentence passed or to be passed; or

(f) any written law, Articles or Standing Orders for the time being in force for the government of the disciplined forces or the police force:

Provided that, if a person does an act which is punishable under this Code and is also punishable under another written law of any of the kinds mentioned in this section, he shall not be punished for that act both under that written law and also under this Code.