Perjury

General
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In a corrupt country such as Kenya, you generally want to deal with the screenshot mafia decisively such that you never have to worry about them ever again.

Since they’re not used to decision-making outside emotionally charged shouting matches, you want to attach their personal freedom to their official statements. This way, everyone knows who exactly it is they’re dealing with.

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Under Kenyan law, perjury is defined in Section 108 of the Penal Code (Cap 63) as knowingly giving false testimony in a judicial proceeding (or for the purpose of instituting one) on a material matter. It is considered a criminal offence, punishable by imprisonment.

Key Provisions on Perjury in Kenya

  • Definition (Section 108(1)(a)):
    Any person who knowingly gives false testimony in a judicial proceeding, or for the purpose of instituting one, on a matter material to the case, commits perjury.

  • Form of Testimony:

    • It does not matter whether the testimony is given under oath or under any other legal sanction.
    • The ceremonies or forms used to administer the oath are immaterial, as long as the person assents to them.
    • False testimony can be given orally or in writing—both are covered.

  • Subornation of Perjury:
    Encouraging or procuring another person to commit perjury is also an offence under the same section.

  • Punishment:
    Perjury is classified as a misdemeanor, but because it directly undermines the integrity of the justice system, courts treat it as a serious offence. Conviction can lead to imprisonment (the Penal Code prescribes up to seven years in some cases, depending on circumstances).

Examples

  • Farah Hassan Abdi v Republic [2020] eKLR
    • The accused was charged with perjury after knowingly giving false testimony in a criminal proceeding.
    • The High Court reaffirmed that perjury requires proof of intentional falsehood on a material matter.
    • The conviction highlighted that even lay witnesses can face imprisonment if they deliberately mislead the court.

In my defense, I was also surprised that someone used to muslim courts didn’t know that you can’t actually lie in court. Instant loss.

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As sober as a judge, followers of the prophet. :joy:

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