What is 'idle and disorderly', and is it still an offence?
Penal Code · sources read 4 Oct 2026
Yes. The Penal Code still treats as 'idle and disorderly' anyone who behaves in public in a way likely to cause a breach of the peace, does an indecent act in public, solicits in a public place for immoral purposes, or gets others to beg. A first offence carries up to 1 month in jail or a fine of up to KSh 100 (or both), and a repeat offence up to 1 year.
- Where
- Any police station; cases are heard in a magistrate's court
Steps
- If arrested, you have the right to be released on bond or bail on reasonable conditions unless there are compelling reasons not to.
- In court you can choose to be represented by an advocate.
Watch out
- The Constitution says no one may be held in remand for an offence punishable only by a fine or by up to 6 months in jail. A first idle and disorderly offence carries at most 1 month.
- Some older parts of this section were deleted from the law in 1968.
Who this covers
- Anyone in a public place. Being idle or without work is not, on its own, on the list.
Official sources (3)
- Penal Code (Cap. 63) new.kenyalaw.org · read 4 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026
- Kenya Police Service home page kenyapolice.go.ke · read 3 Oct 2026