| CHAPTER V – PARTIES TO OFFENCES
20. | Principal offenders (1) | When an offence is committed, each of the following persons is deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with actually committing it, that is to say— (a) | every person who actually does the act or makes the omission which constitutes the offence; |
(b) | every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence; |
(c) | every person who aids or abets another person in committing the offence; |
(d) | any person who counsels or procures any other person to commit the offence, |
and in the last-mentioned case he may be charged either with committing the offence or with counselling or procuring its commission. |
(2) | A conviction of counselling or procuring the commission of an offence entails the same consequences in all respects as a conviction of committing the offence. |
(3) | Any person who procures another to do or omit to do any act of such a nature that, if he had himself done the act or made the omission, the act or omission would have constituted an offence on his part is guilty of an offence of the same kind, and is liable to the same punishment, as if he had himself done the act or made the omission; and he may be charged with doing the act or making the omission. |
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21. | Joint offenders in prosecution of common purpose When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence. |
22. | Counselling another to commit offence (1) | When a person counsels another to commit an offence, and an offence is actually committed after such counsel by the person to whom it is given, it is immaterial whether the offence actually committed is the same as that counselled or a different one, or whether the offence is committed in the way counselled or in a different way, provided in either case that the facts constituting the offence actually committed are a probable consequence of carrying out the counsel. |
(2) | In either case the person who gave the counsel is deemed to have counselled the other person to commit the offence actually committed by him. |
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23. | Offences by corporations, societies, etc. Where an offence 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. ............As read together with PREVENTION OF ORGANISED CRIMES :ACT No. 6 OF 2010 An Act of Parliament to provide for the prevention and punishment of organised crime; to provide for the recovery of proceeds of organised criminal group activities and for connected purposes PART II – ORGANISED CRIMINAL ACTIVITIES / Section 6 regarding Aiding-and-Abetting that "a person who attempts, aids, abets, counsels, procures, or conspires with another to commit an offence under this Act commits an offence and shall, upon conviction, be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding fourteen years, or both." PART III – OBSTRUCTION OF JUSTICE Section 8. Obstructing justice (1) A person who willfully attempts in any way to obstruct, pervert or defeat the cause of justice under this Act commits an offence. (2) A person who, in relation to a witness or a public officer in any proceedings to which this Act applies— (a) uses physical force or threats; (b) intimidates or attempts to intimidate; or (c) dissuades or attempts to dissuade a person from giving evidence: [Rev. 2012] No. 6 of 2010 Prevention of Organised Crimes 9 [Issue 1] (d) induces false evidence; (e) interferes with the giving of evidence; (f) interferes with the production of evidence for the purpose of interfering with the judicial process; or (g) promises or offers a benefit, commits an offence. Section 13. Disclosure of information, etc. (1) A person who, knowing or having reasonable cause to suspect that a police officer is conducting an investigation into the activities of an organised criminal group— (a) discloses to another person anything which is likely to prejudice the investigation; or (b) interferes with material which is likely to be relevant to the investigation, commits an offence. (2) It is a defence for a person charged with an offence under this section to satisfy the court— (a) that he did not know and had no reasonable cause to suspect that the disclosure or interference was likely to affect an investigation carried out under this Act; or No. 6 of 2010 [Rev. 2012] Prevention of Organised Crimes [Issue 1] 10 (b) that he had a lawful excuse for the disclosure or interference. 14. Penalty under this Part A person who commits an offence under this Part, shall, on conviction, be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding ten years or to both. |
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