AGADVOKS GLOBALKENYA · ENGLISH
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Penal Code

26. Imprisonment

Edition: 2023-12-11 · In force

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26. Imprisonment

(1)A sentence of imprisonment for any offence shall be to imprisonment or to imprisonment with hard labour as may be required or permitted by the law under which the offence is punishable.
(2)Save as may be expressly provided by the law under which the offence concerned is punishable, a person liable to imprisonment for life or any other period may be sentenced to any shorter term.
(3)A person liable to imprisonment for an offence may be sentenced to pay a fine in addition to or in substitution for imprisonment:Provided that—
(i)where the law concerned provides for a minimum sentence of imprisonment, a fine shall not be substituted for imprisonment;
(ii)deleted by Act No. 5 of 2003, s. 4.
[Act No. 3 of 1969, s. 2, Act No. 5 of 2003, s. 4.]
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Source: Kenya Law