KENYAN LEGISLATION

Penal Code CAP 63 in Kenya

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Section 308 of Penal Code CAP 63: Preparations to commit felony

(1) Any person found armed with any dangerous or offensive weapon in circumstances that indicate that he was so armed with intent to commit any felony is guilty of a felony and is liable to imprisonment of not less than seven years and not more than fifteen years. (2) Any person who, when not at his…

Section 313 of Penal Code CAP 63: Obtaining by false pretences

Any person who by any false pretence, and with intent to defraud, obtains from any other person anything capable of being stolen, or induces any other person to deliver to any person anything capable of being stolen, is guilty of a misdemeanour and is liable to imprisonment for three years.

Section 315 of Penal Code CAP 63: Cheating

Any person who by means of any fraudulent trick or device obtains from any other person anything capable of being stolen, or induces any other person to deliver to any person anything capable of being stolen or to pay or deliver to any person any money or goods or any greater sum of money or greater…

Section 316 of Penal Code CAP 63: Obtaining credit, etc., by false pretences

Any person who— (a) in incurring any debt or liability, obtains credit by any false pretence or by means of any other fraud; or (b) with intent to defraud his creditors or any of them, makes or causes to be made any gift, delivery or transfer of or any charge on his property; or (c) with intent to d…

Section 316A of Penal Code CAP 63: Bad cheques

(1) Any person who draws or issues a cheque on an account is guilty of a misdemeanour if the person— (a) knows that the account has insufficient funds; (b) knows that the account has been closed; or (c) has previously instructed the bank or other institution at which the account is held not to honou…

Section 317 of Penal Code CAP 63: Conspiracy to defraud

Any person who conspires with another by deceit or any fraudulent means to affect the market price of anything publicly sold, or to defraud the public or any person, whether a particular person or not, or to extort any property from any person, is guilty of a misdemeanour and is liable to imprisonme…

Section 318 of Penal Code CAP 63: Frauds on sale or mortgage of property

Any person who, being a seller or mortgagor of any property, or being the advocate or agent of any such seller or mortgagor, with intent to induce the purchaser or mortgagee to accept the title offered or produced to him, and with intent to defraud— (a) conceals from the purchaser or mortgagee any i…

Section 319 of Penal Code CAP 63: Fortune-telling

Any person who for gain or reward undertakes to tell fortunes, or pretends from his skill or knowledge in any occult science to discover where or in what manner anything supposed to have been stolen or lost may be found, is guilty of a misdemeanour.

Section 322 of Penal Code CAP 63: Handling stolen goods

(1) A person handles stolen goods if (otherwise than in the course of the stealing) knowing or having reason to believe them to be stolen goods he dishonestly receives or retains the goods, or dishonestly undertakes, or assists in, their retention, removal, disposal or realization by or for the bene…

Section 324 of Penal Code CAP 63: Marking and possession of public stores

(1) The Minister may, by notice in the Gazette, give directions as to the marks which may be applied in or on any stores under the control of any branch or department of, and being the property of, the Government of Kenya or the Kenya Railways Corporation and the Kenya Ports Authority. (2) Any perso…

Section 325 of Penal Code CAP 63: Tracing possession

(1) If any person brought or appearing before a court under section 323 or section 324 declares that he received any such thing as therein mentioned from some other person, or that he was employed as a carrier, agent or servant to convey the same for some other person, the court may cause every such…

Section 326 of Penal Code CAP 63: Receiving goods stolen outside Kenya

Any person who, without lawful excuse, knowing or having reason to believe the same to have been stolen or obtained in any way whatsoever under such circumstances that if the act had been committed in Kenya the person committing it would have been guilty of a felony or misdemeanour, receives or has…

Section 327 of Penal Code CAP 63: Fraudulent disposal of trust property

(1) Any person who, being a trustee of any property, destroys the property with intent to defraud, or, with intent to defraud, converts the property to any use not authorized by the trust, is guilty of a felony and is liable to imprisonment for seven years. (2) For the purposes of this section, “tru…

Section 329 of Penal Code CAP 63: False statements by officials of companies

Any person who, being a promoter, director, officer or auditor of a corporation or company, either existing or intended to be formed, makes, circulates or publishes, or concurs in making, circulating or publishing, any written statement or account which, in any material particular, is to his knowled…

Section 331 of Penal Code CAP 63: False accounting by public officer

(1) Any person who, being an officer charged with the receipt, custody or management of any part of the public revenue or property, knowingly furnishes any false statement or return of any money or property received by him or entrusted to his care, or of any balance of money or property in his posse…

Section 332 of Penal Code CAP 63: Arson

Any person who wilfully and unlawfully sets fire to— (a) any building or structure whatever, whether completed or not; or (b) any vessel, whether completed or not; or (c) any stack of cultivated vegetable produce, or of mineral or vegetable fuel; or (d) a mine, or the workings, fittings or appliance…