Definition of unlawful assembly and riot.When three or more
persons assemble with intent to commit an offence, or, being assembled
with intent to carry out some common purpose, conduct themselves in such
a manner as to cause persons in the neighbourhood reasonably to fear
that the persons so assembled will commit a breach of the peace, or will
by such assembly needlessly and without any reasonable occasion provoke
other persons to commit a breach of the peace, they are an unlawful
assembly.It is immaterial that the original assembling was lawful if,
being assembled, they conduct themselves with a common purpose in such a
manner previously stated.When an unlawful assembly has begun to execute
the purpose for which it assembled by a breach of the peace and to the
terror of the public, the assembly is called a riot, and the persons
assembled are said to be riotously assembled.
Punishment of unlawful assembly.Any person who takes part in an unlawful assembly is guilty of a misdemeanour and is liable to imprisonment for one year.
Proclamation for rioters to disperse.Any administrative officer or magistrate, or, in his absence, any gazetted officer or inspector of the Kenya Police Force or any commissioned officer in the military forces in Kenya, in whose view twelve or more persons are riotously assembled, or who apprehends that a riot is about to be committed by twelve or more persons assembled within his view, may make or cause to be made a proclamation, in such form as he thinks fit, commanding the rioters or persons so assembled to disperse peaceably.
Dispersal of rioters after proclamation.If upon the expiration of a reasonable time after such proclamation made, or after the making of such proclamation has been prevented by force, twelve or more persons continue riotously assembled together, any person authorized to make proclamation, or any police officer, or any other person acting in aid of such person or police officer, may do all things necessary for dispersing the persons so continuing assembled and for apprehending them or any of them, and, if any person makes resistance, may use all such force as is reasonably necessary for overcoming such resistance, and shall not be liable in any criminal or civil proceeding for having, by the use of such force, caused harm or death to any person.
Rioting after proclamation.If proclamation is made commanding the persons engaged in a riot, or assembled with the purpose of committing a riot, to disperse, every person who, at or after the expiration of a reasonable time from the making of the proclamation, takes or continues to take part in the riot or assembly, is guilty of a felony and is liable to imprisonment for life.
Rioters demolishing buildings, etc.Any persons who, being riotously assembled together, unlawfully pull down or destroy, or begin to pull down or destroy, any building, railway, machinery or structures are guilty of a felony and each of them is liable to imprisonment for life.
Punishment of unlawful assembly.Any person who takes part in an unlawful assembly is guilty of a misdemeanour and is liable to imprisonment for one year.
Proclamation for rioters to disperse.Any administrative officer or magistrate, or, in his absence, any gazetted officer or inspector of the Kenya Police Force or any commissioned officer in the military forces in Kenya, in whose view twelve or more persons are riotously assembled, or who apprehends that a riot is about to be committed by twelve or more persons assembled within his view, may make or cause to be made a proclamation, in such form as he thinks fit, commanding the rioters or persons so assembled to disperse peaceably.
Dispersal of rioters after proclamation.If upon the expiration of a reasonable time after such proclamation made, or after the making of such proclamation has been prevented by force, twelve or more persons continue riotously assembled together, any person authorized to make proclamation, or any police officer, or any other person acting in aid of such person or police officer, may do all things necessary for dispersing the persons so continuing assembled and for apprehending them or any of them, and, if any person makes resistance, may use all such force as is reasonably necessary for overcoming such resistance, and shall not be liable in any criminal or civil proceeding for having, by the use of such force, caused harm or death to any person.
Rioting after proclamation.If proclamation is made commanding the persons engaged in a riot, or assembled with the purpose of committing a riot, to disperse, every person who, at or after the expiration of a reasonable time from the making of the proclamation, takes or continues to take part in the riot or assembly, is guilty of a felony and is liable to imprisonment for life.
Rioters demolishing buildings, etc.Any persons who, being riotously assembled together, unlawfully pull down or destroy, or begin to pull down or destroy, any building, railway, machinery or structures are guilty of a felony and each of them is liable to imprisonment for life.