Kenyan Acts and Sections — Page 27

Section 353 of Penal Code CAP 63: Uttering false documents

Any person who knowingly and fraudulently utters a false document is guilty of an offence of the same kind and is liable to the same punishment as if he had forged the thing in question.

Section 354 of Penal Code CAP 63: Uttering cancelled or exhausted documents

Any person who knowingly utters as and for a subsisting and effectual document any document or electronic record which has by any lawful authority been ordered to be revoked, cancelled or suspended, or the operation of which has ceased by effluxion of time, or by death, or by the happening of any ot…

Section 355 of Penal Code CAP 63: Procuring execution of documents by false pretences

Any person who, by means of any false and fraudulent representations as to the nature, contents or operation of a document or electronic record, procures another to sign or execute the document or electronic record, is guilty of an offence of the same kind, and is liable to the same punishment, as i…

Section 356 of Penal Code CAP 63: Altering crossings on cheques

Any person who, with intent to defraud— (a) obliterates, adds to or alters the crossing on a cheque; or (b) knowingly utters a crossed cheque, the crossing on which has been obliterated, added to or altered, is guilty of a felony and is liable to imprisonment for seven years.

Section 357 of Penal Code CAP 63: Making documents without authority

Any person who, with intent to defraud or to deceive— (a) without lawful authority or excuse makes, signs or executes for or in the name or on account of another person, whether by procuration or otherwise, any document or electronic record or writing; or (b) knowingly utters any document or electro…

Section 358 of Penal Code CAP 63: Demanding property upon forged testamentary instruments

Any person who procures the delivery or payment to himself or any other person of any property or money by virtue of any probate or letters of administration granted upon a forged testamentary instrument, knowing the testamentary instrument to have been forged, or upon or by virtue of any probate or…

Section 359 of Penal Code CAP 63: Purchasing forged notes

Any person who, without lawful authority or excuse, the proof of which lies on him, imports or purchases, or receives from any person, or has in his possession, a forged bank note or currency note, whether filled up or in blank, knowing it to be forged, is guilty of a felony and is liable to impriso…

Section 360 of Penal Code CAP 63: Falsifying warrants for money payable under public authority

Any person who, being employed in the public service, knowingly and with intent to defraud makes out or delivers to any person a warrant for the payment of any money payable by public authority, for a greater or less amount than that to which the person on whose behalf the warrant is made out is ent…

Section 361 of Penal Code CAP 63: Falsification of register

Any person who, having the actual custody of any register or record kept by lawful authority, knowingly permits any entry which in any material particular is to his knowledge false, to be made in the register or record, is guilty of a felony and is liable to imprisonment for seven years.

Section 362 of Penal Code CAP 63: Sending false certificate of marriage to registrar

Any person who signs or transmits to a person authorized by law to register marriages a certificate of marriage, or any document purporting to be a certificate of marriage, which in any material particular is to his knowledge false, is guilty of a felony and is liable to imprisonment for seven years…

Section 363 of Penal Code CAP 63: False statements for registers of births, deaths and marriages

Any person who knowingly, and with intent to procure the same to be inserted in a register of births, deaths or marriages, makes any false statement touching any matter required by law to be registered in the register is guilty of a felony and is liable to imprisonment for three years.

Section 364 of Penal Code CAP 63: Definitions

In this Chapter— “coin” includes any coin which is legal tender in Kenya by virtue of the Central Bank of Kenya Act (Cap. 491), and any coin of a foreign Sovereign or State; “counterfeit coin” means coin not genuine but resembling or apparently intended to resemble or pass for genuine coin; and incl…

Section 365 of Penal Code CAP 63: Counterfeiting coin

Any person who makes or begins to make any counterfeit coin is guilty of a felony and is liable to imprisonment for life.

Section 366 of Penal Code CAP 63: Preparations for coining

Any person who— (a) gilds or silvers any piece of metal of a fit size or figure to be coined, with intent that it shall be coined into counterfeit coin; or (b) makes any piece of metal into a fit size or figure to facilitate the coining from it of any counterfeit coin, with intent that such counterf…

Section 367 of Penal Code CAP 63: Making or having in possession papers or implements for forgery

Any person who, without lawful authority or excuse, the proof of which lies on him— (a) makes, uses or knowingly has in his custody or possession any paper intended to resemble and pass as a special paper such as is provided and used for making any bank note or currency note; or (b) makes, uses or k…

Section 367A of Penal Code CAP 63: Mutilating currency notes

Any person who wilfully and without lawful authority or excuse defaces, tears, cuts or otherwise mutilates any currency note shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding three months or to a fine not exceeding two thousand shillings or to both such impri…

Section 368 of Penal Code CAP 63: Clipping

Any person who deals with any coin in such a manner as to diminish its weight with intent that when so dealt with it may pass as coin is guilty of a felony and is liable to imprisonment for seven years.

Section 369 of Penal Code CAP 63: Melting down of currency

Any person who melts down, breaks up, defaces by stamping thereon any name, word or mark, or uses otherwise than as currency any coin current for the time being in Kenya is guilty of a misdemeanour and is liable on conviction to a fine not exceeding eight thousand shillings or to imprisonment for si…

Section 370 of Penal Code CAP 63: Impounding and destruction of counterfeit coins

(1) Any officer of the Government or the manager of any bank who receives, during the performance of his duties, any coin which he has reasonable ground for believing to be counterfeit coin shall impound the coin and transmit it to the Governor of the Central Bank of Kenya who may cut, deface or des…

Section 371 of Penal Code CAP 63: Possession of clippings

Any person who unlawfully has in his possession or disposes of any filings, or clipping of gold or silver, or any gold or silver in bullion, dust, solution, or any other state, obtained by dealing with gold or silver coin in such a manner as to diminish its weight, knowing the same to have been so o…

Section 372 of Penal Code CAP 63: Uttering counterfeit coin

Any person who utters any counterfeit coin, knowing it to be counterfeit, is guilty of a misdemeanour.

Section 373 of Penal Code CAP 63: Repeated uttering

Any person who— (a) utters any counterfeit coin knowing it to be counterfeit, and at the time of such uttering has in his possession any other counterfeit coin; or (b) utters any counterfeit coin knowing it to be counterfeit, and either on the same day or on any of the ten days next ensuing utters a…

Section 374 of Penal Code CAP 63: Uttering metal or coin not current as coin

(1) Any person who, with intent to defraud, utters as and for coin any medal or piece of metal is guilty of a misdemeanour and is liable to imprisonment for one year. (2) Any person who, with intent to defraud, utters as and for coin lawfully current in Kenya by virtue of any Act, proclamation or ot…

Section 375 of Penal Code CAP 63: Exporting counterfeit coin

Any person who, without lawful authority or excuse, the proof of which lies on him, exports or puts on board of a vessel or vehicle of any kind for the purpose of being exported any counterfeit coin whatever, knowing it to be counterfeit, is guilty of a misdemeanour.

Section 376 of Penal Code CAP 63: Selling articles bearing designs in imitation of currency

Any person who, without lawful authority or excuse, the proof whereof lies upon him, sells or offers or exposes for sale any article which bears a design in imitation of any currency or bank note or coin in current use in Kenya or elsewhere is guilty of a misdemeanour and is liable to imprisonment f…

Section 377 of Penal Code CAP 63: Forfeiture

When any person is convicted of an offence under this Chapter or under Chapter XXXV, the court shall order the forfeiture of any forged bank note or currency note or of any counterfeit coin or any stamp, mould, tool, instrument, machine or press, or any coin, bullion or metal, or any article bearing…

Section 378 of Penal Code CAP 63: Possession of die used for making stamps

Any person who, without lawful authority or excuse, the proof of which lies on him— (a) makes or mends, or begins or prepares to make or mend, or uses, or knowingly has in his possession, or disposes of, any die, plate or instrument capable of making an impression resembling that made by any die, pl…

Section 379 of Penal Code CAP 63: Paper and dies for postage stamps

(1) Any person who, without lawful authority or excuse, the proof of which lies on him— (a) makes, or begins or prepares to make, or uses for any postal purpose, or has in his possession, or disposes of, any imitation or representation on paper or any other material of any stamp used for denoting an…

Section 380 of Penal Code CAP 63: Trade marks defined

A trade mark is— (a) a mark, other than a trade mark registered under the Trade Marks Act (Cap. 506), lawfully used by any person to denote any chattel to be an article or thing of the manufacture, workmanship, production or merchandise of such person or to be an article or thing of any peculiar or…

Section 381 of Penal Code CAP 63: Counterfeiting trade marks

(1) Any person who does any of the following things, that is to say— (a) forges or counterfeits any trade mark; (b) applies any trade mark, or any forged or counterfeit trade mark, to any chattel or article, not being the merchandise of any person whose trade mark is so forged or counterfeited; (c)…

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