Related documents
- Is amended by 24th Annual Supplement
LAWS OF KENYA
PUBLIC ORDER ACT
CAP. 56
- Assented to on 13 June 1950
- Commenced on 13 June 1950
- [Amended by Public Order (Amendment) Ordinance, 1950 (Act No. 36 of 1950) on 31 August 1950]
- [Amended by Public Order (Amendment) Ordinance, 1958 (Act No. 7 of 1958) on 15 April 1958]
- [Amended by Prevention of Crime Ordinance (Act No. 10 of 1958) on 17 July 1958]
- [Amended by Prevention of Crime (Amendment) Ordinance, 1960 (Act No. 23 of 1960) on 5 July 1960]
- [Amended by Penal Code (Amendment Ordinance, 1960 (Act No. 54 of 1960) on 31 December 1960]
- [Amended by Public Order (Amendment) Ordinance, 1960 (Act No. 53 of 1960) on 1 February 1961]
- [Amended by Kenya (Amendment of Laws) (Public Order) Regulations, 1963 (Legal Notice 402 of 1963) on 1 June 1963]
- [Amended by Kenya (Amendment of Laws) (Written Laws) Order, 1963 (Legal Notice 2 of 1964) on 12 December 1963]
- [Amended by Kenya (Amendment of Laws) (Miscellaneous Amendments) (No. 1) Order, 1964 (Legal Notice 87 of 1964) on 12 December 1963]
- [Amended by Public Order (Amendment) Act, 1964 (Act No. 3 of 1964) on 7 April 1964]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 1964 (Act No. 19 of 1964) on 3 November 1964]
- [Amended by Constitution (Amendment of Laws) (Public Order) Order, 1965 (Legal Notice 153 of 1965) on 8 June 1965]
- [Amended by Public Order (Amendment) Act, 1968 (Act No. 12 of 1968) on 8 April 1968]
- [Amended by Statute Law (Repeals and Miscellaneous Amendments) Act, 1997 (Act No. 10 of 1997) on 7 November 1997]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2012 (Act No. 12 of 2012) on 12 July 2012]
- [Amended by Security Laws (Amendment) Act, 2014 (Act No. 19 of 2014) on 22 December 2014]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Public Order Act.2. Interpretation
In this Act, except where the context otherwise requires—"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for the administration;"excluded meeting" means—Part II – QUASI-MILITARY ORGANISATIONS AND POLITICAL UNIFORMS
3. Prohibition of organisations equipped to usurp functions of police, etc.
4. Prohibition of uniforms, etc., in connexion with political objects
Part III – PUBLIC GATHERINGS
5. Regulation of Public meeting and Processions
6. Prohibition of offensive weapons at public meetings and processions
7. Power to prohibit entertainments and sporting events
Part IV – CURFEW ORDERS AND CURFEW RESTRICTION ORDERS
8. Curfew orders
9. Curfew restriction orders
Part V – FLAGS, BANNERS AND EMBLEMS
10. [Repealed by Act No. 10 of 1997, Sch.]
Part VI – FURTHER PROVISIONS TO SAFEGUARD PUBLIC ORDER
11. Possession of offensive weapon in public place
12. [Repealed by Act No. 19 of 2014, s. 7.]
13. Award of compensation to sufferers from misconduct of inhabitants of area declared under section 106 of Cap. 84
Part VII – GENERAL
14. Restriction on use of force
15. Service of documents
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.]16. Presumption of authenticity of certificates
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.]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
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—22. Regulations
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
22 December 2014
Amended by
Security Laws (Amendment) Act, 2014
12 July 2012
07 November 1997
08 April 1968
Amended by
Public Order (Amendment) Act, 1968
08 June 1965
03 November 1964
07 April 1964
Amended by
Public Order (Amendment) Act, 1964
12 December 1963
01 June 1963
01 February 1961
Amended by
Public Order (Amendment) Ordinance, 1960
31 December 1960
Amended by
Penal Code (Amendment Ordinance, 1960
05 July 1960
17 July 1958
Amended by
Prevention of Crime Ordinance
15 April 1958
Amended by
Public Order (Amendment) Ordinance, 1958
31 August 1950
Amended by
Public Order (Amendment) Ordinance, 1950
13 June 1950
Assented to
Commenced