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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
Go to the official site

Steps

  1. If arrested, you have the right to be released on bond or bail on reasonable conditions unless there are compelling reasons not to.
  2. 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)
  1. Penal Code (Cap. 63) new.kenyalaw.org · read 4 Oct 2026
  2. Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026
  3. Kenya Police Service home page kenyapolice.go.ke · read 3 Oct 2026

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