Chapter 10

OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE.

94. Perjury and subornation of perjury.

(1) Any person who in any judicial proceeding or for the purpose of instituting any judicial proceeding knowingly gives false testimony touching any matter which is material to any question then pending in that proceeding or intended to be raised in that proceeding commits the misdemeanour termed perjury.

(2) For the purposes of this section—

(a) it is immaterial whether—

(i) the testimony is given on oath or under any other sanction authorised by law;

(ii) the false testimony is given orally or in writing;

(iii) the court or tribunal is properly constituted, or is held in the proper place, or not, if it actually acts as a court or tribunal in the proceeding in which the testimony is given;

(iv) the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceeding or not;

(b) the forms and ceremonies used in administering the oath or in otherwise binding the person giving the testimony to speak the truth are immaterial, if he or she assents to the forms and ceremonies actually used.

(3) Any person who aids, abets, counsels, procures or suborns another person to commit perjury is guilty of the misdemeanour termed subornation of perjury.

95. Contradictory statements.

(1) Where a witness in any judicial proceedings, other than a person accused of an offence to which the proceedings relate, makes a statement on oath or affirmation of some fact relevant in the proceedings contradicting in a material particular a previous statement made by the witness on oath or affirmation before a court during the same or any other judicial proceedings, the witness, if the court is satisfied that either of the statements made was made with intent to deceive, commits an offence and is liable on conviction to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.

(2) Upon the trial of any person for an offence under this section, it shall not be necessary to prove the falsity of his or her statement mentioned in subsection (1).

(3) No prosecution under this section shall be commenced unless with the consent in writing of the Director of Public Prosecutions.

(4) In this section, “statement” includes a statement of evidence given during a criminal proceeding and certified by a magistrate.

96. False statements by interpreters.

Any person who, lawfully sworn as an interpreter in a judicial proceeding, wilfully makes a statement material in the proceeding which he or she knows to be false, or does not believe to be true, commits perjury.

97. Punishment of perjury.

Any person who commits perjury or suborns perjury is liable to imprisonment for seven years.

98. Evidence on charge of perjury.

A person shall not be convicted of committing perjury or of subornation of perjury solely upon the evidence of one witness as to the falsity of any statement alleged to be false.

99. Fabricating evidence.

Any person who, with intent to mislead any tribunal in any judicial proceeding— (a) fabricates evidence by any means other than perjury or subornation of perjury; or (b) knowingly makes use of such fabricated evidence, commits a misdemeanour and is liable to imprisonment for seven years.

100. False swearing.

Any person who swears falsely or makes a false affirmation or declaration before any person authorised to administer an oath or take a declaration upon a matter of public concern under such circumstances that the false swearing or declaration, if committed in a judicial proceeding, would have amounted to perjury commits a misdemeanour.

101. Deceiving witnesses.

Any person who practises any fraud or deceit or knowingly makes or exhibits any false statement, representation, token or writing, to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of such person as a witness, commits a misdemeanour.

102. Destroying evidence.

Any person who, knowing that any book, document or thing of any kind is or may be required in evidence in a judicial proceeding, removes or destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, commits an offence and is liable to imprisonment for a term not exceeding seven years.

103. Conspiracy to defeat justice and interference with witnesses.

Any person who— (a) conspires with any other person to accuse any person falsely of any crime or to do anything to obstruct, prevent, pervert or defeat the course of justice;

(b) in order to obstruct the due course of justice, dissuades, hinders or prevents any person lawfully bound to appear and give evidence as a witness from so appearing and giving evidence, or endeavours to do so; or

(c) obstructs or in any way interferes with or knowingly prevents the execution of any legal process, civil or criminal, commits an offence and is liable to imprisonment for a term not exceeding five years.

104. Compounding felonies.

Any person who asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or herself or any other person upon any agreement or understanding that he or she will compound or conceal a felony, or will abstain from, discontinue or delay a prosecution for a felony, or will withhold any evidence thereof, commits a misdemeanour.

105. Compounding penal actions.

Any person who, having brought or under pretence of bringing, an action against another person upon a penal written law in order to obtain from him or her a penalty for any offence committed or alleged to have been committed by him or her, compounds the action without the order or consent of the court in which the action is brought, or is to be brought, commits a misdemeanour.

106. Advertisements for stolen property.

Any person who— (a) publicly offers a reward for the return of any property which has been stolen or lost, and in the offer makes use of any words purporting that no questions will be asked, or that the person producing such property will not be seized or molested;

(b) publicly offers to return to any person who may have bought or advanced money by way of loan upon any stolen or lost property the money so paid or advanced, or any other sum of money or reward for the return of such property; or

107. Offences relating to judicial proceedings.

(1) Any person who— (a) within the premises in which any judicial proceeding is being had or taken, or within the precincts of the same, shows disrespect in speech or manner to or with reference to such proceeding, or any person before whom such proceeding is being had or taken;

(b) having been called upon to give evidence in a judicial proceeding, fails to attend or having attended, refuses to be sworn or to make an affirmation or having been sworn or affirmed, refuses without lawful excuse to answer a question or to produce a document, or remains in the room in which such proceeding is being had or taken, after the witnesses have been ordered to leave such room;

(d) while a judicial proceeding is pending, makes use of any speech or writing misrepresenting such proceeding or capable of prejudicing any person in favour of or against any parties to such proceeding, or calculated to lower the authority of any person before whom such proceeding is being had or taken;

(e) publishes a report of the evidence taken in any judicial proceeding which has been directed to be held in private;

(f) attempts wrongfully to interfere with or influence a witness in a judicial proceeding, either before or after he or she has given evidence, in connection with such evidence;

(g) dismisses a servant because he or she has given evidence on behalf of a certain party to a judicial proceeding;

(h) wrongfully retakes possession of land from any person who has recently obtained possession by a writ of court; or

(i) commits any other act of intentional disrespect to any judicial proceeding or to any person before whom such proceeding is being had or taken, commits a misdemeanour.

(2) When any offence against subsection (1)(a), (b), (c), (d) or (i) is committed in view of the court, the court may cause the offender to be detained in custody, and at any time before the rising of the court on the same day may take cognisance of the offence and sentence the offender to a fine not exceeding one thousand shillings or in default of payment to imprisonment for a period not exceeding one month.

(3) The provisions of this section shall be deemed to be in addition to and not in derogation of the power of the High Court to punish for contempt of court.

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