What is the The Riot Act ?
Updated: Aug 10, 2025
In Kenya, the Penal Code (Cap. 63) outlines specific provisions related to riots under Section 80:
🔥 Section 80 — Punishment of Riot
“Any person who takes part in a riot is guilty of a misdemeanour.”
Penalty: Up to 1 year imprisonment if convicted.
📢 Related Provisions
These sections build the legal framework around riot-related offenses:
Section 78: Defines unlawful assembly and riot.
Section 79: Punishment for unlawful assembly.
Section 81: Proclamation for rioters to disperse.
Section 82–84: Criminalizes refusal to disperse, obstructing proclamations, and continued rioting.
Section 85–87: Covers damage to property, infrastructure, and interference with public transport during riots.
🧠 Quick Definitions
Unlawful Assembly: A group of 3+ people gathered with intent to commit a crime or disturb public peace.
Riot: When an unlawful assembly begins to act in a violent or tumultuous manner.
🔍 Key Source Links You Can Use for indepth reference!
1. Kenyan Penal Code – Section on Unlawful Assembly / Riot
Kenya Law: Penal Code CAP. 63 – Part IX (Offences Against Public Order)
Use this to clarify the legal threshold between peaceful protest and what the State brands “riot.”
2. National Police Service Act – Use of Force Guidelines
NPS Act (2011): Part VI – Powers & Responsibilities of Police Officers
Great for supporting your satire around tear gas, kettling, and “mood dispersal.”
3. Bill of Rights – Kenya Constitution (2010)
Constitution of Kenya: Article 37 – Right to Assemble, Demonstrate & Petition
Anchor your civic punchline with what’s actually protected.
4. Judicial Decisions / Landmark Rulings
Kenya Law eKLR – Recent Court Rulings on Protest & Public Order
For quoting or paraphrasing any recent court decisions that challenged government overreach.
5. UN Guidelines – Use of Force in Law Enforcement
United Nations Office on Drugs and Crime (UNODC) – International Standards
Adds weight when you contrast local practice with international norms.
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