JUDGMENT OF THE COURT
"Now let it work. Mischief, thou art afoot, Take thou what course thou wilt."
So said Marcus Antonious (Mark Antony) in Shakespeare's Julius Caesar after inciting the plebeians soon after the assassination of Julius Caesar by the conspirators.
Section 20 of the Penal Code, Chapter 63 of the Laws of Kenya is in the following terms:
"20. (1)When an offence is committed, each of the following persons is deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with actually committing it, that is to say-
(a) every person who actually does the act or makes the omission which constitutes the offence;
(b) every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence;
(c) every person who aids or abets another person in committing the offence;
(d) any person who counsels or procures any other person to commit the offence;
and in the last-mentioned case he may be charged either…