[Rev. 2022]
Public Order
CAP. 56
(3) A curfew 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 the period specified therein
or until earlier rescinded by the same authority or by the Cabinet Secretary as
hereinafter provided:
Provided that no curfew order which imposes a curfew operating during more
than ten consecutive hours of daylight shall remain in force for more than three
days, and no curfew order which imposes a curfew operating during any lesser
number of consecutive hours of daylight shall remain in force for more than seven
days.
(4) Deleted by Act No. 19 of 2014, s. 4(b).
(5) The variation or rescission of a curfew order shall be published in like
manner as that provided in subsection (3) of this section for the publication of a
curfew order.
(6) Any person who contravenes any of the provisions of a curfew 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 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.
(8) Any person who, without lawful excuse, carries or has in his possession,
in any area in which a curfew order is in force and during the hours during which
the curfew imposed thereby is operative, any offensive weapon shall be guilty of
an offence:
Provided that no person shall be convicted of an offence under this section if
he proves to the satisfaction of the Court that he carried or had in his possession
the offensive weapon—
(i) solely for domestic or defensive purposes within enclosed premises
which he lawfully occupied or in which he was lawfully present; or
(ii) with the authority of his employer and solely for domestic or defensive
purposes within enclosed premises in the lawful occupation of his
employer.
[Act No. 53 of 1960, s. 6, LN 402 of 1963, LN 153 of 1965, Act No. 19 of 2014, s. 4.]
9. Curfew restriction orders
(1) A police officer in charge of the police in a county or a police officer in
charge of a police division may, if he considers it necessary in the interests of public
order within the area of his responsibility so to do, by order (hereinafter referred
to as a curfew restriction order) prohibit, during such hours as may be specified in
the curfew restriction order, all persons, or, as the case may be, all members of
any class of persons specified in the curfew restriction order, from entering, being
or remaining, except under and in accordance with the terms and conditions of a
written permit granted by an authority or person specified in the curfew restriction
order, in or at any premises specified in the curfew restriction order:
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