Is it a crime to make a false report to the police about someone?
Penal Code · sources read 4 Oct 2026
Yes. Knowingly giving false information to a police officer or any other public servant, meaning to get them to act against someone, is a crime punishable by up to 3 years in jail.
- Where
- Any police station (emergency: 999, 112 or 911); complaints about a prosecution go to the ODPP
Steps
- Report the false report to the police. In an emergency, call 999, 112 or 911.
- If you have a complaint about how a criminal case is being handled, write a letter to the Office of the Director of Public Prosecutions (ODPP) with as much detail as you can, by post, hand delivery or email to publiccomplaints@odpp.go.ke.
- A magistrate can also allow a private person to conduct a prosecution, personally or through an advocate.
Watch out
- The person must have known or believed the information was false. An honest report that turns out wrong is not this offence.
- It is a misdemeanour, with a maximum of 3 years in jail.
Who this covers
- The rule applies to anyone who gives a public servant, including a police officer, information they know or believe is false, to make the officer act wrongly or use their power to harm or annoy someone.
- If you are charged because of a report, you are presumed innocent until proved guilty.
Official sources (5)
- Penal Code (Cap. 63) new.kenyalaw.org · read 4 Oct 2026
- Kenya Police Service home page kenyapolice.go.ke · read 3 Oct 2026
- Complaints & Compliments odpp.go.ke · read 3 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026
- Criminal Procedure Code (Cap. 75) new.kenyalaw.org · read 4 Oct 2026