CAP. 56
Public Order
[Rev. 2022]
Provided that no person shall, by or in pursuance of a curfew restriction order, be
prohibited or prevented from entering, being or remaining in any premises at which
he normally resides, or, during reasonable hours of business, work or employment,
any premises at which he normally has his place of business, work or employment.
(2) A permit under subsection (1) of this section may be granted subject to
such conditions, to be specified in the permit, as the authority or person granting
it may think fit.
(3) A curfew restriction order shall be published in such manner as the authority
making it may think sufficient to bring it to the notice of all persons affected thereby,
and shall come into force on such day, being the day of or a day after the making
thereof, as may be specified therein, and shall remain in force for such period, not
exceeding twenty-eight days, as may be specified therein or until earlier rescinded
by the same authority or by the Cabinet Secretary as hereinafter provided.
(4) Every curfew restriction order shall, forthwith on its being made, be reported
to the Inspector General of Police, and the Inspector General of Police may, if he
thinks fit, vary or rescind the curfew restriction order.
(5) The variation or rescission of a curfew restriction order shall be published
in like manner as that provided in subsection (3) of this section for the publication
of a curfew restriction order.
(6) Any person who contravenes any of the provisions of a curfew restriction
order or any of the terms or conditions of a permit granted to him under subsection
(1) of this section shall be guilty of an offence and liable to a fine not exceeding ten
thousand shillings or to imprisonment for a term not exceeding three months, or to
both such fine and such imprisonment.
(7) A certificate under the hand of the authority making, varying or rescinding
a curfew restriction order, specifying the terms, and the date and manner of
publication, of such order, variation or rescission, shall be prima facie evidence
thereof in all legal proceedings.
[Act No. 53 of 1960, s. 6, L.N. 402/1963, L.N. 153/1965, Act No. 19 of 2014, s. 5.]
PART V – FLAGS, BANNERS AND EMBLEMS
10.
[Repealed by Act No. 10 of 1997, Sch.]
PART VI – FURTHER PROVISIONS TO SAFEGUARD PUBLIC ORDER
11. Possession of offensive weapon in public place
(1) Any person who, without lawful authority or reasonable excuse, the proof
whereof shall lie on him, has with him in any street or public place any offensive
weapon shall be guilty of an offence and liable to imprisonment for a term not
exceeding two years or to a fine not exceeding one hundred thousand shillings, or
to both such imprisonment and such fine.
(2) Where any person is convicted of an offence under subsection (1) of this
section, the Court may make an order for the forfeiture of any weapon in respect
of which the offence was committed.
(3) Every offence under this section shall be cognisable to the police.
(4) In this section, "offensive weapon" means any article made or adapted for
use for causing injury to the person, or capable of being so used, or intended by
the person having it with him for such use, and includes any panga, simi or similar
weapon.
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