Understanding Section 22 of The Penal Code Chapter 63 Laws of Kenya

Section 22 defines an offence where an individual counsels or advises another person to commit a criminal act. It is classified as an inchoate (preparatory) crime—since advising wrongdoing itself is punishable, even if the offence never happens. This aligns with the Code’s approach under Chapter V (Parties to Offences)—covering principals, accomplices, and counsellors. To prove a violation of Section 22, the prosecution must show: Counselling or advice – The accused gave counsel, encouragement, or persuasion. Intent – They intended the other person to commit an offence. Recipient’s knowledge – The advice was understood and received. No need for actual offence – The act is punishable even if the offence isn't carried out. This reflects Kenya’s legal tradition where counselling is treated as an independent offence due to its potential to spark criminal conduct.