The Penal Code (Amendment) Bill, 2026

## SPECIALISSUE Kenya GazetteSupplement No.63(National Assembly Bills No.12) <!-- image --> ## REPUBLICOFKENYA ## KENYAGAZETTESUPPLEMENT NATIONALASSEMBLYBILLS,2026 NAIROBL,13thMarch,2026 ## CONTENT | Bill for Introduction into theNational Assembly- | PAGE | |----------------------------------------------------|--------| | The Penal Code（Amendment) Bill,2026 | 353 | <!-- image --> <!-- image --> ## THEPENALCODE(AMENDMENT)BILL,2026 A Bill for ## ANACTofParliamenttoamend thePenal Code ## ENACTEDbytheParliamentofKenya asfollows- - 1.This Act may be cited as the Penal Code Shorttitle. (Amendment)Act,2026. - 2.Section 4of the Penal Code(in this Act known as - the"principal Act) is amended by inserting the following new definitions inproper alphabetical sequence- "imprisonment for life"means imprisonment for a term ofthirtyyears; "person with mental illness"has the same meaning assigned toit insection2 oftheMental Health Act. - 3.Section 24 of the principal Act isamended by deleting paragraph (c). - 4.Section 25of theprincipal Act is amended- - （a)by deleting subsection (2) and substituting - therefor the followingnew subsection- - "(2) A sentence of death shall not be - pronounced on or recorded against any person convicted of an offence if it appears to the court that at the time when the offence wascommitted the person was under the age of eighteen years, but in lieu thereof the court shall sentence such personinaccordancewithsections238and239of the Children Act."; - (b) by deleting subsection (3). - 5.Section 28 of the principal Act is amended- - （a)by deleting subsection (2) and substituting - therefor the following new subsection- - "(2) In the absence of express provisions in any written law relating thereto,the term of imprisonmentorderedby acourtin respectofthe Amendment of section4ofCap 63. Amendment of section24of Cap. Cap.248 63 Amendment of section25of Cap. 63 Amendmentof section 28of Cap. 63. non-payment ofany sum adjudged to bepaid for costs under section 32 or compensation under section 31 orin respect of the non-payment ofa fine or of any sum adjudged to bepaid under the provisions ofany written law shall be such term as in the opinion of the court will satisfy the justice of the case,but shall not exceed in any such case the maximum fixed by the following scale- | Amount | Maximum period | |----------------------------------------------|------------------| | Not exceeding Sh.2.500.... | 14days | | ExceedingSh.2,500butnot exceeding Sh.12,500 | lmonth | | ExceedingSh.12,500butnot exceedingSh.75,000 | 3months | | ExceedingSh.75.000butnot exceedingSh.250.000 | 6months | | ExceedingSh.250.000 | 12months | - （b)in subsection （3),by deleting the words "or detention"appearing immediately after the word imprisonment. - 6.Section 40 of the principal Act is amended in subsection (3),by deleting the words"shall be sentenced to death"appearing immediately after the word "treason" and substituting therefor the words is liable to be sentenced to death or to imprisonmentfora term ofnot less than thirty years". - 7.Section 60 of the principal Act is amended by deleting the word"shall be sentenced to death"appearing immediately after the words"felony and"and substituting therefor the words "is liable to be sentenced to death to imprisonmentfora term ofnotlessthan thirtyyears" - 8.The principal Act is amended by repealing section 66. - 9.Section 96 of the principal Act is amended by deleting the expression ",the burden of proof whereof Amendment of section 40 of Cap. 63 Amendmentof section 60of Cap 63. Repeal of section 66of Cap.63. Amendment of section96 of Cap. 63 shall lie upon him,appearing immediately after the words "lawful excuse". - 10.Section 132 of theprincipal Actis amended by deleting expression",the burden ofproof whereof shall lie excuse". - 11.The principal Act is amended by inserting the followingnewsection immediately afterSection160- Limitation of criminal 160A.It shall not be an offence under liability. sections158,159or 160ifanypersonwas acting in accordance with the circumstances contemplatedunder Article 26(4)ofthe Constitution. - 12.The principal Actis amended by repealing section 173. 13.The principal Act is amended by repealing section 191. 14.The principal Actis amended byrepealing section 192. 15.The principal Act is amended by repealing section 193. 16.The principal Act is amended by repealing section 194. 17.The principal Act is amended by repealing section 195. 18.The principal Act is amended by repealing section 196. 19.The principal Act is amended byrepealing section 197. 20.Theprincipal Act is amended byrepealing section 198. 21.The principal Act is amended by repealing section 199. 22.The principal Act is amended by repealing section 200. - 23.The principal Act is amended in section 204 by Amendment of section132of Cap 63 Insertion of new section 160A in Cap.63. Repeal of section 173of Cap.63 Repeal of section 191of Cap.63 Repeal of section 192of Cap.63 Repeal of section 193of Cap.63 Repeal of section 194of Cap.63 Repeal of section 195ofCap 63. Repeal of section 196ofCap63. Repeal of section 197of Cap63. Repeal of section 198of Cap63 Repeal of section 199of Cap63. Repeal of section 200of Cap63. Amendment of section 204 of Cap. 63. immediately after the word "murder"and substituting therefor the words"is liable to be sentenced to death or to imprisonment fora term ofnot less than thirtyyears" - 24.The principal Act is amended by repealing section - 295. - 25.The principal Act is amended by inserting the - following new sections immediately after the repealed section295- Robbery. - 295A.A person who steals anything, and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to anyperson or property in order to obtain or retain the thing stolen or to prevent or overcome resistance to its being stolen or retained,commits an offence and is liable, on conviction,to imprisonment for a term offourteenyears. Attempted robbery. Aggravated robbery. - 295B.A person who assaults any use actual violence to any - person with intent to steal anything,and,at orimmediatelybeforeor immediatelyafter the time of the assault,uses or threatens to person or property in norder to obtain the thing intended to be stolen,or to prevent or overcome resistance to its being stolen, commits an offence and is liable,on conviction,to imprisonment for a term of seven years. - 295C.A person who steals anything, and, or immediatelyt before or immediately after the time of the robbery, uses or threatens to use actual violence to anypersonorproperty in order to obtain or retain the thing stolen or to prevent or overcome resistance to its being stolen or retained,and - (a) is armed with any firearm or any offensive weapon, or any Repeal of section 295of Cap.63 Insertion ofnew sections298A, 298B.298Cand 298D in Cap.63 - obnoxious or chemical material; or - (b) displays what appears to bea firearm or offensive weapon,or obnoxious or chemical material; or - （c)is in the company of one or more - other person or persons;or - （d) wounds,beats,strikes or uses any - other personal violence to any person;or - （e)acts for the benefit of,at the direction of,orin associationwith, a criminal organization, commits an offence and is liable,on conviction,to be sentenced to death or imprisonmentfora termofnotless than thirty years. Attempted aggravated robbery. - 295D.A person who assaults any person with intent to steal anything,and,at orimmediatelybeforeorimmediatelyafter the time of the assault,uses or threatens to useactual violence to any person or property in order to obtain the thing intended to be stolen,or to prevent or overcome resistance to its being stolen, and- - （a)is armed with any firearm or any offensive weapon, or any - obnoxious or chemical material;or - (b) displays what appears to be a firearm or offensive weapon,or - obnoxious or chemical material;or - （c)is in the company of one or more - other person or persons;or - （d)wounds,beats,strikes or uses any - other personal violence to any person;or - section 296. - （e)acts for the benefit of, at the direction of,or in association with, a criminal organization, commits an offence and is liable,on conviction, to be sentenced to death or imprisonment for a term of not less than thirtyyears - 26.The principal Act is amended by repealing 27. The principal Act is amended by repealing section 297. - 28.Theprovisions in thisAct shall not affect- - （a)theliability or trial ofaperson,or the punishment ofa person under any sentence passed,in respect of any act done or commenced before the - commencementofthisAct; - (b) therightof an accusedperson to the benefit of the least severe of the prescribed punishments for an offence,if the prescribed punishment for the offence has been changed between the time that the offence was committed and the time of sentencing pursuant to Article 50(2)(p) of the Constitution; - （c) any power of the President to exercise a power of mercy in accordance with Article 133 of the - Constitution;or - （d) any written law,Articles or Standing Orders for the time being inforce for the government ofthe - disciplinedforces or thepoliceforce. Repeal of section 296 of Cap.63. Repeal of section 297of Cap.63 Saving. ## MEMORANDUMOFOBJECTSANDREASONS Theprincipal object of thisBill is to amend thePenal Code Cap 63 to align it with the Constitution and other statutes.The Constitution introduced new principles with regard to sentencing and freedom of expression which need to be incorporated in thePenal Code.The Bill also aligns the language in the Penal Code with the language used in the Mental Health Act,Cap.248withregard topersons with mental illness. The Bill also seeks to align the provisions of the Penal Code relating to sentencing of children with the provisions of the Children Act,2022 and removes thereference to detention campsas theDetention CampsAct was repealed by the Community Service Orders Act,No.10 of 1998. Lastly,the Bill shiftstheburden ofprooffor the offences ofincitementto violence and disobedience from an accused person to the prosecution,in linewith the general principles of criminal law. The Bill is informed by legislative reformproposals submitted to Parliamentby theNational Councilon theAdministration ofJustice. Clause1oftheBillprovidesfor theshorttitle. Clause 2of the Bill provides for the amendment of section 2 to include and define the terms"imprisonment for life"and "person with mental illnessas used in the Act. Clause3oftheBillprovidesfor theamendmentofsection24of the Penal Code toremove theprovisionsrelating to detention camps asa form ofpunishment. Clause 4of theBillprovidesfortheamendmentofsection25of the Penal Code,toalign itwith theprovisionsofsections238and 239 of the ChildrenAct,2022thatprovideformethodsofdealingwithchildren in conflictwith the law. Clause5oftheBillprovidesfor theamendmentofsection28of the Penal Code to readjust the scale for determination of the term of imprisonmentorderedbyacourtinrespectof thenon-paymentofanysum adjudged tobepaidfor costs,compensation,non-paymentofa fine orof any sum adjudged to bepaid. Clause6ofthe Billprovidesfor amendmentofsection 40of the Penal Code to remove the mandatory death sentence for the offence of treason and allow discretion for either the death sentence ora term of imprisonmentofnotless than thirtyyears. Clause 7of theBillprovidesfor theamendmentofsection 60 of the Penal Code to remove themandatory death sentence for administration of unlawful oaths to commit capital offencesand allow discretion for either the deathsentence ora term ofimprisonment ofnotless than thirtyyears. Clause8of theBillprovidesfor therepeal ofsection 66of thePenal Code to abolish the offenceofalarmingpublications. Clause9oftheBillprovidesfor the amendmentofsection96of the Penal Code to shift the burden ofproof from the accused person to the prosecution for the offence ofincitement to violence and disobedience of thelaw. Clause 10 of the Bill provides for the amendment of section 132 of the Penal Code to remove the burden ofproofon the accusedperson for the offenceofunderminingauthorityofpublicofficer. Clause 1l of the Bill provides for the insertion of a new section 160A,toprovideforactions carried outin accordance with Article 26（4) of theConstitution as a defence to offencesrelating to abortion. Clause 12of the Billprovides for the amendmentofsection 173 to provide for the offence ofunlawful and malicious bodily harm to an apprentice. - Clause 13 of the Bill provides for the repeal of section 191 ofthe Penal Code to remove the offence of foulingwater as the same isprovided for under theEnvironmental Management and Co-ordination Act,No.8of 1999. - Clause 14 of the Bill provides for the repeal of section 192 of the Penal Code to delete theoffence offoulingair as the sameisprovided for the Environmental Management and Co-ordination Act,No.8of1999. Clauses15,16,17,18,19,20,21and22of theBillprovideforthe repeal of sections194-200 of thePenal Code to abolish libel and defamation asoffences under thePenal Code and to align thePenal Code with Article 33 ofthe Constitution. Clause23of theBillprovidesforthe amendmentof section204 of thePenal Code toprovidefor thepunishmentfortheoffenceofmurder as death orimprisonmentfor a term ofnotless than thirtyyears. Clause24of the Billprovides forthe repealof section295ofthe Penal Code. Clause 25of theBillprovidesfor the insertion ofnewsections298A, 298B,298Cand298D toprovidefortheoffencesofrobbery,aggravated robbery,attempted robbery and attempted aggravated robbery and their respective punishments. Clause26providesfor the repeal ofsection296of thePenal Code. Clause 27of the Billprovides for therepealof section297 of the Penal Code. Clause 28 of the Bill is a savings provision to cater for ongoing trials and sentencing. Statement on the delegation of legislative powers and limitation of fundamentalrightsand freedoms The Bill does not delegate legislative powers and neither does it limit fundamental rights and freedoms. ## Statementon whether theBill concerns County Governments The Bill does not concern county governments in terms of Article 110 of the Constitution as it does not contain provisions that affect the functions and powers of county governments. Statement on whether the Bill is a money Bill within the meaning of Article 114 of the Constitution. The Bill isnot a money Bill within the meaningofArticle 114 of the Constitution. Dated the25thFebruary,2026. GEORGEGITONGAMURUGARA, Chairperson,Departmental Committeeon Justiceand Legal Affairs. Section24ofCap.63whichitisproposed toamend- ## 24.Different kinds ofpunishments The following punishments may be inflicted by a court- - (a) death; - （b)imprisonment or,where the court so determines under the - Community Service OrdersAct,1998,community serviceunder a community serviceorder; - (c) detention under the Detention Camps Act; - （d) deleted by Act No.5of2003,s.3; - (e)fine; - (f)forfeiture; - (g)payment of compensation; - (h)finding security tokeep thepeace and be ofgood behaviour; - (i)anyotherpunishmentprovided by thisCode orbyany otherAct. Section25of Cap.63whichit isproposed to amend- ## 25.Sentence of death - (2) * Sentence of death shall not be pronounced on or recorded 2. against anyperson convicted ofan offenceifit appears to the court that at the time when the offence was committed he was under the age of eighteen years,but in lieu thereof the court shall sentence such person to be detained during the President's pleasure,and if so sentenced he shall be liable to be detained in such place and under such conditions as the President may direct,andwhilst so detained shall be deemed tobein legal custody. 3. *Power delegated to the Minister and to the Permanent Secretary of the Ministryfor the time beingresponsible forPrisons(L.N.579/1963). - (3) When a person has been sentenced to be detained during the President's pleasure under subsection (2),the presiding judge shall forward to thePresident a copyof thenotesofevidence taken on the trial, with a report in writing signed by him containing any recommendation or observations on the case hemay think fit to make. Section28of Cap.63which it isproposed to amend- ## 28.Fines - (2)In the absence of express provisions in any written law relating thereto,the term of imprisonment or detention under the Detention Camps Act(Cap.9i) ordered by a court inrespect of thenon-payment of any sum adjudged to be paid for costs under section 32 or compensation under section 3l or in respect of the non-payment ofa fine or ofany sum adjudged tobepaid under theprovisions ofanywrittenlawshallbesuch termas in theopinion ofthecourtwill satisfy thejusticeofthe case,but shall not exceed in any such case the maximum fixed by the following scale- | Amount | Maximumperiod | |----------------------------------------------|-----------------| | Not exceeding sh.500 | 14days | | Exceedingsh.500butnot exceedingsh.2.500 | 1month | | Exceedingsh.2.500butnot exceeding sh.15.000 | 3months | | Exceeding sh.15,000butnot exceedingsh.50.000 | 6months | | Exceedingsh.50.000 | 12months | - （3)The imprisonment or detention which is imposed in default of payment of a fine shall terminate whenever thefineis either paid or levied byprocess of law. Section40ofCap.63whichit isproposedtoamend- ## 40.Treason - (3) Any person who is guilty of the offence of treason shall be sentenced to death. Section60of Cap.63which it isproposedtoamend- ## 60.Administration ofunlawful oaths to commitcapital offences Any person who administers an oath,or engagement in the nature of an oath,purporting to bind the person who takesit to commit any offence, punishable with death,is guilty of a felony and shall be sentenced to death. Section66ofCap.63which itisproposed toamend- ## 66.Alarmingpublications - (1) Any person who publishesany false statement,rumour or report which is likely to cause fear and alarm to the public or to disturb the publicpeace is guiltyofamisdemeanour. - (2) It shall be a defence to a charge under subsection (l) if the accused proves that,prior to publication,he took such measures to verify theaccuracyof the statement,rumour orreport as to lead himreasonably to believe that it was true. Section96ofCap.63which it isproposed toamend- ## 96.Incitement toviolence and disobedience of thelaw Any personwho,without lawful excuse,the burden ofproofwhereof shall lie uponhim,utters,printsorpublishesany words,ordoes anyactor thing,indicatingor implyingthat it isormight be desirable to do,or omit to do,any act the doing or omission of which is calculated- - （a) to bring death or physical injury to any person or to any class, community orbody ofpersons;or - (b) to lead to the damageor destructionof anyproperty;or - （c) to prevent or defeat byviolence or by other unlawful means the execution orenforcementofanywrittenlaworto leadtodefiance - ordisobedience ofanysuch law,or of any lawful authority， isguilty ofan offence and is liabletoimprisonmentfora term not exceedingfiveyears. Section 132ofCap.63whichit isproposed to amend- ## 132.Underminingauthority ofpublicofficer Anyperson who,without lawful excuse,the burden ofproofwhereof shall lie upon him,utters,prints,publishes any words,or does any act or thing,calculated to bring into contempt,or to excite defiance of or disobedience to,the lawful authority of a public officer or any class of public officers is guilty ofan offence and isliable to Section173ofCap.63which it isproposed torepeal- ## 173.Masternotproviding forservants or apprentices Any person who being legally liable,either as master or mistress,to wilfully andwithout lawful excuserefuses orneglects toprovide the same, or unlawfully and maliciously does or causes to be done any bodily harm to such apprentice or servant so that the lifeofsuch apprentice or servant is endangered or thathishealth has been or is likely to be permanently injured,is guilty of a misdemeanour. Section 191of Cap.63which it isproposed torepeal- ## 191.Fouling water Anypersonwhovoluntarilycorruptsorfouls thewaterofanypublic spring orreservoir,soas torender it lessfitfor thepurposeforwhich it is ordinarilyused,isguilty of a misdemeanour. Section192ofCap.63which it isproposed torepeal- ## 192.Fouling air Any person who voluntarily vitiates the atmosphere in any place,so as to make it noxious to thehealth ofpersons in general dwellingor carrying on business in the neighbourhood or passing along a public way， is guilty ofamisdemeanour. Section193ofCap.63which it isproposed torepeal- ## 193.Offensive trades Any person who,for the purposesof trade or otherwise,makes loud noises or offensive or unwholesome smells in such places and circumstances as to annoy any considerable number of persons in the exercise of their common rights commits an offence and is liable to be punished as for a common nuisance. Section194ofCap.63which it isproposed torepeal- ## 194.Definition oflibel Any person who,by print,writing,painting or effigy,or by any means otherwise than solely by gestures,spoken words or other sounds, unlawfully publishes any defamatory matter concerning another person, with intent to defame that other person,is guilty of the misdemeanour termedlibel. Section195ofCap.63which it isproposed torepeal- ## 195.Definition of defamatory matter Defamatorymatter is likely to injure thereputation ofanyperson by person in his profession or trade by an injury to his reputation;and it is immaterialwhetheratthetimeofthepublicationofthedefamatorymatter the person concerningwhom the matter ispublished is living or dead. Section196ofCap.63which it isproposed torepeal- ## 196.Definition ofpublication - （1)A person publishes a libel if he causes the print,writing,painting, - effigyorothermeansbywhich thedefamatorymatterisconveyed tobeso dealtwith,eitherbyexhibition,reading,recitation,description,deliveryor otherwise,that the defamatory meaning thereof becomes known or is likely tobecomeknown to either theperson defamedoranyotherperson. - (2) It isnotnecessary forlibel that a defamatory meaning should be 2. directly or completely expressed;and it suffices if such meaning and its application to thepersonalleged to be defamed can be collected either from the alleged libel itselforfrom any extrinsic circumstances,orpartly by the one and partly by the other means. Section197of Cap.63which it isproposed torepeal- ## 197.Definition ofunlawfulpublication Any publication of defamatory matter concerning a person is unlawful within the meaning of this Chapter,unless- - (a)thematter is true and itwas forthepublicbenefitthat itshouldbe published;or - (b) it is privileged on one of the grounds hereafter mentioned in this Chapter. Section198ofCap.63which it isproposed torepeal- - 198.Cases in which publication of defamatory matter is absolutely privileged - (1) The publication of defamatory matter is absolutely privileged, and no person shall under any circumstances be liable to punishment under this Codeinrespect thereof,in any of thefollowingcases,namely- - （a)if the matter is published by the President,or by the Cabinet of Ministers,orin Parliament,in any case in an official documentor proceeding;or - （b)if the matter is published in the Cabinet of Ministers,or in Parliament,in anycase by thePresident,orbya Minister,orbya Member of Parliament,as thecasemay be;or - （c)if thematter ispublished byorderofthePresidentorbyorder of - the Cabinet ofMinisters;or - （d) if the matter ispublished concerninga person subject to military or naval discipline for the time being,and relates to his conduct as a person subject to such discipline,and is published by some person having authority over him in respect of such conduct,and to some person having authority over him in respect of such conduct;or - (e) if the matter is published in the course of any judicial proceedings by a person taking part therein as a judge,magistrate， commissioner,advocate,assessor,witnessor party thereto;or - (f)if the matter published is in fact a fair report of anything said, done orpublished in the Cabinet ofMinisters orinParliament;or - （g）if theperson publishing the matter is legally bound topublish it. - (2) Where a publication is absolutely privileged,it isimmaterial for the purposes of this Chapter whether the matter be true or false,and whether it beorbenotknown orbelieved to befalse,andwhether it beor benotpublished in goodfaith: Provided that nothing in this section shall exempt any person from anyliabilitytopunishmentunder any other Chapter ofthis Codeorunder any otherwritten law in forcewithinKenya. Section199ofCap.63which itisproposed torepeal- 199. Cases in which publication of defamatory matter is conditionally privileged Apublication of defamatorymatter isprivileged,oncondition that it was published in good faith,if therelation between the parties by and to whom thepublicationismade issuch thattheperson publishing thematter is under some legal,moral or social duty to publish it to the person to whom the publication is made or has a legitimate personal interest in so publishing it,provided that thepublication doesnotexceedeither in extent ormatterwhatis reasonably sufficient for the occasion,and in any of the following cases,namely- - （a) if the matter published is in fact a fair report of anything said, done orshownin a civil or criminal inquiry orproceedingbefore any court: Provided thatif the court prohibits the publication of anything said orshownbeforeit,on theground thatitisseditious,immoral orblasphemous,thepublication thereof shall notbeprivileged;or - （b)if the matter published is a copy or reproduction,orin fact a fair abstract,of any matter which hasbeen previously published,and thepreviouspublication ofitwasorwould havebeenprivileged undersection 198;or - （c) if the matter is an expression of opinion in good faith as to the conduct of a person in a judicial,official or other publiccapacity， or as to hispersonal character so far as it appears in such conduct; or - （d) if the matter is an expression of opinion in good faith as to the conduct ofa person in relation to any publicquestion or matter, or as to hispersonal character sofar as it appearsin such conduct; or - （e)if thematter is an expression of opinion in good faith as to the conduct of any person as disclosed by evidence given in a public legal proceeding,whethercivil or criminal,orasto theconduct of any person as a party,witness or otherwise in any such proceeding,or as to the character of any person so far asit - appears in any such conduct as in this paragraph mentioned;or - （f)if the matter is an expression of opinion in good faith as to the merits of any book,writing,painting,speech or other work, performance or act published or publicly done or made or - character of the person sofar as it appears therein;or - （g) if the matter is a censure passed by a person in good faith on the conduct of another person in any matter in respect of which he has authority,by contract or otherwise,over the other person,or on the character of the other person so far as it appears in such conduct;or - (h) if the matter is a complaint or accusation made by a person in good faith against another person in respect of his conduct in any matter,or in respect of his character so far as it appears in such conduct,to any person having authority,by contract or otherwise, over that other person in respect of such conductor matter,or having authority by law to inquire into or receive complaints - respecting such conduct ormatter;or - (i) if the matter is published in good faith for the protection of the rights or interests of the person whopublishesit,or of theperson towhom itispublished,or ofsomeperson in whom theperson to - whom itispublished is interested. Section200of Cap.63which it isproposed torepeal- ## 200.Explanation as togoodfaith A publication of defamatory matter shall be deemednot tohave been made in good faith by a person,within themeaning of section 199,if it is made to appeareither- - （a) that the matter was untrue,and that he did not believe it to be true;or - (b) that the matter was untrue,and that he published it without having taken reasonable care to ascertain whether itwas true or false;or - （c） that,in publishing the matter,he acted with intent to injure the person defamed in a substantially greater degree or substantially otherwise than wasreasonably necessary for the interest of the public or for the protection of the private right or interest in - respect ofwhich he claims to beprivileged. Section204ofCap.63whichitisproposed torepeal andreplace- ## 204.Punishmentofmurder Anyperson convicted of murder shall be sentenced to death. Section295ofCap.63which itisproposed torepeal- ## 295.Definition of robbery Any person who steals anything,and,at or immediately before or immediately after the time of stealing it,uses or threatens to use actual violence to anyperson or property in order to obtain or retain the thing stolen ortopreventorovercomeresistance toitsbeing stolen orretained, isguiltyof thefelony termedrobbery. Section296of Cap.63which it isproposed torepeal- ## 296.Punishmentofrobbery - （1) Any person who commits the felony of robbery is liable to - imprisonmentforfourteenyears. - (2) If the offender is armed with any dangerous or offensiveweapon or instrument,or is in company with one or more otherperson or persons, or if,ator immediately before or immediately after the time of the robbery，he wounds,beats,strikes or uses any other personal violence to any person,he shall be sentenced to death. Section297ofCap.63which itisproposed torepeal- ## 297.Attemptedrobbery - (1) Any person who assaults any personwith intent to steal anything, 2. and,atorimmediatelybeforeorimmediately after the timeoftheassault, uses or threatensto use actual violence to any person or property in order to obtain the thing intended to be stolen,or to prevent or overcome resistance to its being stolen,is guilty of a felony and is liable to imprisonmentforsevenyears. 3. (2)If the offender is armed with any dangerous or offensive weapon orinstrument,or isin company with one ormoreother person orpersons, orif,ator immediatelybefore orimmediately after the timeoftheassault, he wounds,beats,strikes or uses any other personal violence to any person,he shall be sentenced to death.