[Rev. 2022] Public Order CAP. 56 17. Penalty Every person who is guilty of an offence under this Act, or under any regulations made thereunder, in respect of which no special penalty is provided shall be liable to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment. [Act No. 53 of 1960, s. 6, Act No. 19 of 2014, s. 9.] 18. Offences by corporations, societies, etc. Where any offence under this Act or under any regulations made thereunder is committed by any company, or other body corporate, or by any society, association or body of persons, every person charged with, or concerned or acting in, the control or management of the affairs or activities of such company, body corporate, society, association or body of persons shall be guilty of that offence and liable to be punished accordingly, unless it is proved by such person that, through no act or omission on his part, he was not aware that the offence was being or was intended or about to be committed, or that he took all reasonable steps to prevent its commission. [Act No. 53 of 1960, s. 6.] 19. Offences to be cognisable; and consent of Director of Public Prosecutions All offences under this Act shall be cognisable to the police; and, where it is provided in this Act that a prosecution for an offence thereunder shall not be instituted without the consent of the Director of Public Prosecutions, a person may be arrested for and charged with such an offence, and may be remanded in custody or on bail, notwithstanding that the consent of the Director of Public Prosecutions to the institution of a prosecution for the offence has not been obtained, but no further or other proceedings shall be taken until such consent has been obtained: Provided that no person shall be arrested for or charged with an offence under section 3 of this Act save with the consent of the Director of Public Prosecutions first had and obtained. [Act No. 53 of 1960, s. 6, Act No. 19 of 2014, s. 10.] 20. Proof of instigation, lawful authority or excuse (1) Where it is an offence for a person to instigate another to do or omit to do any act or thing, it is immaterial whether or not the instigation succeeds in its purpose. (2) For the avoidance of doubt, it is hereby declared that the burden of proving lawful or reasonable excuse or lawful authority shall be upon the person alleging the same, and accordingly in any proceedings for an offence under this Act or any regulations made thereunder it shall not be incumbent on the prosecution to prove the lack of any such excuse or authority. [Act No. 53 of 1960, s. 6.] 21. Jurisdiction Notwithstanding anything contained in any other written law, a subordinate court may try any offence under this Act or under any regulations made thereunder and— (a) if presided over by a Senior Resident Magistrate, or by any Resident Magistrate upon whom such power has, by notice in the Gazette, been 15

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