Public Order Act

Section 1. Short title Section This Act may be cited as the Public Order Act.

Section 2. Interpretation Section any meeting convened and held exclusively for the lawful purposes of any public body; or

Section 3. Prohibition of organisations equipped to usurp functions of police, etc. Section 3(1)(a) organised or trained or equipped for the purpose of enabling them to be employed in usurping the functions of the police or of the Kenya Defence Forces; or Section 3(1)(b) organised and trained or organised and equipped either for the purpose of enabling them to be employed for the use or display of physical force in promoting any political object, or in such manner as to arouse reasonable apprehension that they are organised and either trained or equipped for that purpose, then any member or adherent of such association shall be guilty of an offence and liable to a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding two years, or to both such fine and such imprisonment, and any person who promotes or conspires with another to promote or who takes part in the control or management of the association, or in so organising or training or equipping as aforesaid any member or adherent thereof, shall be guilty of an offence and liable to a fine of two thousand shillings or to imprisonment for a term not exceeding three years, or to both such fine and...

Section 4. Prohibition of uniforms, etc., in connexion with political objects Section 4(1)(a) repealed by ActNo. 10 of 1997, Sch.; Section 4(1)(b) when, in the opinion of the Cabinet Secretary, members of that organisation or association are organised or trained or equipped for the purpose of enabling them to be employed in usurping the functions of the police or of the Defence Forces; or Section 4(1)(b)(i) when, in the opinion of the Cabinet Secretary, members of that organisation or association are organised or trained or equipped for the purpose of enabling them to be employed in usurping the functions of the police or of the Defence Forces; or Section 4(1)(b)(ii) when, in the opinion of the Cabinet Secretary, members of that organisation or association are organised or trained or equipped for the purpose of enabling them to be employed for the use or display of physical force in promoting any political or other object or in such a manner as to arouse reasonable apprehension that they are organised or trained or equipped for that purpose. Section 4(2) Any person who contravenes the provisions of any order made under subsection (1) of this section shall be guilty of an offence. [...

Section 5. Regulation of Public meeting and Processions Section 5(1) No person shall hold a public meeting or a public procession except in accordance with the provisions of this section. Section 5(2) Any person intending to convene a public meeting or a public procession shall notify the regulating officer of such intent at least three days but not more than fourteen days before the proposed date of the public meeting or procession. Section 5(3)(a) the full names and physical address of the organiser of the proposed public meeting or public procession; Section 5(3)(b) the proposed date of the meeting or procession and the time thereof which shall be between six o’clock in the morning and six o’clock in the afternoon; Section 5(3)(c) the proposed site of the public meeting or the proposed route in the case of a public procession. Section 5(4) Where, upon receipt of a notice under subsection (2), it is not possible to hold the proposed public meeting or public procession for the reason that notice of another public meeting or procession on the date, at the time and at the venue proposed has already been received by the regulating officer, the regulating officer shall forthwith notif...

Section 6. Prohibition of offensive weapons at public meetings and processions Section 6(1) Any person who, while present at any public meeting or on the occasion of any public procession, has with him any offensive weapon, otherwise than in pursuance of lawful authority, shall be guilty of an offence. Section 6(2) For the purposes of this section, a person shall not be deemed to be acting in pursuance of lawful authority unless he is acting in his capacity as a police officer or member of a fire brigade or otherwise in his capacity as a public officer or as a servant of a local authority. [Act No. 53 of 1960 , s. 6.]

Section 7. Power to prohibit entertainments and sporting events Section 7(1) If at any time it appears to the Inspector-General of National Police Service that serious public disorder is likely to arise at or on the occasion of any race- meeting, sporting event or other entertainment of any description, he may, by notice addressed to the promoter, organiser or manager thereof, prohibit the holding or continuance thereof in any area or place or on any particular day. Section 7(2) A notice under subsection (1) of this section shall be served on the person, or one of the persons if more than one, promoting, organising or managing the race-meeting, sporting event or entertainment. Section 7(3) If such race-meeting, sporting event or entertainment is held or continued in contravention of the terms of a notice issued under subsection (1) of this section, any person taking part in the promotion, organisation or management thereof shall be guilty of an offence. Section 7(4) Any police officer may give or issue such orders and use such force as may be necessary to prevent the holding or continuance of a race-meeting, sporting event or other entertainment the holding or continuance of which...

Section 8. Curfew orders Section 8(1) The Cabinet Secretary, on the advice of the Inspector-General of the National Police Service may, if he considers it necessary in the interests of public order so to do, by order (hereinafter referred to as a curfew order) direct that, within such area and during such hours as may be specified in the curfew order, every person, or, as the case may be, every member of any class of persons specified in the curfew order, shall, except under and in accordance with the terms and conditions of a written permit granted by an authority or person specified in the curfew order, remain indoors in the premises at which he normally resides, or at such other premises as may be authorised by or under the curfew order. Section 8(2)(a) It shall be a condition of every permit granted under subsection (1) of this section that the holder thereof shall at all times while acting under the authority thereof during the hours of darkness carry a light visible at a distance of twenty-five feet. Section 8(2)(b) Subject to paragraph (a) of this subsection, a permit under subsection (1) of this section may be granted subject to such conditions, to be specified in the permi...

Section 9. Curfew restriction orders Section 9(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: 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. Section 9(2) A permit under subsection (1) of this section may be granted subject...

Section 10.[Repealed by ActNo. 10 of 1997, Sch.]

Section 11. Possession of offensive weapon in public place Section 11(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. Section 11(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. Section 11(3) Every offence under this section shall be cognisable to the police. Section 11(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. Section 11(5)(a) This section shall apply to such areas, and during such hours, as the Cabinet Secretary may, by notice in the Gazette , declare. Section 11(5)(b) A notice under this section may apply the section during d...

Section 12.[Repealed by ActNo. 19 of 2014, s. 7.]

Section 13. Award of compensation to sufferers from misconduct of inhabitants of area declared under section 106 of Cap. 84 Section 13(1) If in any area, in regard to which any declaration issued under section 106 of the National Police Service Act (Cap. 84) is in force, death or grievous harm, or loss of or damage to property has been caused by, or has ensued from, the misconduct of the inhabitants of such area, or of any class or section of such inhabitants, any person who claims to have suffered loss, damage or injury by reason of such misconduct may, within one month from the date of such loss, damage or injury, make an application for compensation to a magistrate appointed under the said section or, where no magistrate has been so appointed, to a magistrate having jurisdiction within the district in which the declared area is situated. Section 13(2)(a) assess the amount of compensation, if any, to be paid to such person or persons as he may determine; Section 13(2)(b) determine the manner, and proportions, in which such compensation shall be distributed; Section 13(2)(c) assess the proportions in which such compensation shall be paid by the inhabitants of the declared area; an...

Section 14. Restriction on use of force Section 14(1) Whenever in this Act it is provided that force may be used for any purpose, the degree of force which may be so used shall not be greater than is reasonably necessary for that purpose; whenever the circumstances so permit without gravely jeopardising the safety of persons and without grave risk of uncontrollable disorder, firearms shall not be used unless weapons less likely to cause death have previously been used without achieving the purpose aforesaid; and firearms and other weapons likely to cause death or serious bodily injury shall, if used, be used with all due caution and deliberation, and without recklessness or negligence. Section 14(2) Nothing in this section shall derogate from the lawful right of any person to use force in the defence of person or property. [Act No. 53 of 1960 , s. 6.]

Section 15. Service of documents Section Where any order, notice or other document is required by or under this Act or any regulations made thereunder to be given to or served on any person, service thereof may be effected either personally on such person or by registered post; and, where the person to be served is a body corporate or a society or other body of persons, service of any such order, notice or document may be effected by serving it personally on any secretary, director or other officer thereof or on any person concerned or acting in the management thereof, or by leaving it or sending it by registered post addressed to the body corporate, society or body of persons at its registered office, or, where there is no registered office, at any place where it carries on business. [Act No. 53 of 1960 , s. 6.]

Section 16. Presumption of authenticity of certificates Section A certificate under any of the provisions of this Act, purporting to be signed by the Cabinet Secretary or by any other authority specified in that behalf in such provision, shall be presumed, until the contrary is proved, to have been signed by such Cabinet Secretary or other authority. [Act No. 53 of 1960 , s. 6.]

Section 17. Penalty Section 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.]

Section 18. Offences by corporations, societies, etc. Section 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.]

Section 19. Offences to be cognisable; and consent of Director of Public Prosecutions Section 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.]

Section 20. Proof of instigation, lawful authority or excuse Section 20(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. Section 20(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.]

Section 21. Jurisdiction Section if presided over by a Senior Resident Magistrate, or by any Resident Magistrate upon whom such power has, by notice in the Gazette , been conferred, may pass any sentence authorised for such offence other than a sentence of imprisonment for a term exceeding ten years;

Section 22. Regulations Section 22(1) The Cabinet Secretary may make regulations prescribing anything which may be prescribed under this Act, and generally to give effect to the provisions of this Act. Section 22(2) Notwithstanding the provisions of paragraph (e) of section 31 of the Interpretation and General Provisions Act ( Cap. 2 ), regulations under this section may prescribe such penalties as the Cabinet Secretary may think fit for the contravention thereof, not exceeding, however, the penalties specified in section 17 of this Act. [Act No. 53 of 1960 , s. 6.]