[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
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