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Cited By:

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• Nickson Watta v. Republic (2019) eKLR
  
• Simon Wanjala v. Republic (2019) eKLR
  
• Isaack Musyoka Kimanthi v Republic [2020] eKLR
  
• George Omullo Tingia v Republic [2020] eKLR
  

More Sections

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• Section 305 - Entering dwelling-house with intent to commit felony
  

  (1) Any person who enters or is in any building, tent or vessel used as a human dwelling with intent to commit a felony therein is guilty of a felony and is liable to imprisonment for five years....

• Section 306 - Breaking into building and committing felony
  

  Any person who— (a) breaks and enters a schoolhouse, shop, warehouse, store, office, counting-house, garage, pavilion, club, factory or workshop, or any building belonging to a public body, or any...

• Section 307 - Breaking into building with intent to commit felony
  

  Any person who breaks and enters a schoolhouse, shop, warehouse, store, office, counting-house, garage, pavilion, club, factory or workshop, or any building belonging to a public body, or any building...

• Section 308 - 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...

• Section 309 - Repealed by Act No. 48 of 1962, s. 13(1).
  

  Repealed by Act No. 48 of 1962, s. 13(1).

• Section 310 - Forfeiture of housebreaking instruments
  

  When any person is convicted of an offence under this Chapter, the court may order that any dangerous or offensive weapon or instrument of housebreaking carried or used in connexion with any such...

• Section 311 - Forfeiture of aircraft, vessel or vehicle, and penalty for interfering with aircraft, vessel or vehicle when detained
  

  (1) Where any person is convicted of an offence, or of an attempt to commit an offence or of counselling or procuring the commission of an offence, under the provisions of this Chapter, or of Chapter...

• Section 312 - Definition of false pretence
  

  Any representation, made by words, writing or conduct, of a matter of fact, either past or present, which representation is false in fact, and which the person making it knows to be false or does not...

• Section 313 - 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...

• Section 314 - Obtaining execution of a security by false pretences
  

  Any person who by any false pretence, and with intent to defraud, induces any person to execute, make, accept, endorse, alter or destroy the whole or any part of any valuable security, or to write any...

• Section 315 - 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...

• Section 316 - 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...

• Section 316A - 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;...

• Section 316B - Certain felonies by banks or other institutions
  

  (1) A bank or other institution is guilty of a felony if it— (a) with intent to conceal its true financial position, holds a cheque or similar instrument that cannot be settled for the amount due...

• Section 317 - 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...

• Section 318 - 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...

• Section 319 - 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...

• Section 320 - Obtaining registration, etc., by false pretence
  

  Any person who wilfully procures or attempts to procure for himself or any other person any registration, licence or certificate under any law by any false pretence is guilty of a misdemeanour and is...

• Section 321 - False declaration for passport
  

  Any person who makes a statement which is to his knowledge untrue for the purpose of procuring a passport, whether for himself or for any other person, is guilty of a misdemeanour.

• Section 322 - 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...

• Section 323 - Person suspected of having or conveying stolen property
  

  Any person who has been detained as a result of the exercise of the powers conferred by section 26 of the Criminal Procedure Code (Cap. 75) and is charged with having in his possession or conveying in...

• Section 324 - 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,...

• Section 325 - 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...

• Section 326 - 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...

• Section 327 - 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...

• Section 328 - Fraudulent appropriation or accounting by directors or officers
  

  Any person who— (a) being a director or officer of a corporation or company, receives or possesses himself as such of any of the property of the corporation or company otherwise than in payment of a...

• Section 329 - 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...

• Section 330 - Fraudulent false accounting by clerk or servant
  

  Any person who, being a clerk or servant, or being employed or acting in the capacity of a clerk or servant, does any of the acts following with intent to defraud, that is to say— (a) destroys,...

• Section 331 - 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...

• Section 332 - 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...

• Section 333 - Attempts to commit arson
  

  Any person who— (a) attempts unlawfully to set fire to any such thing as is mentioned in section 332; or (b) wilfully and unlawfully sets fire to anything which is so situated that any such thing...

• Section 334 - Setting fire to crops, etc.
  

  Any person who wilfully and unlawfully sets fire to, cuts down, destroys or seriously or permanently injures— (a) a crop of cultivated produce, whether standing, picked or cut; or (b) a crop of...

• Section 335 - Attempting to set fire to crops, etc.
  

  Any person who— (a) attempts unlawfully to set fire to, cut down, destroy or seriously or permanently injure any such thing as is mentioned in section 334; or (b) wilfully and unlawfully sets fire...

• Section 336 - Casting away vessels
  

  Any person who— (a) wilfully and unlawfully casts away or destroys any vessel, whether completed or not; or (b) wilfully and unlawfully does any act which tends to the immediate loss or...

• Section 337 - Attempts to cast away vessels
  

  Any person who attempts unlawfully to cast away or destroy a vessel, whether completed or not, or attempts unlawfully to do any act tending to the immediate loss or destruction of a vessel in...

• Section 338 - Injuring animals
  

  Any person who wilfully and unlawfully kills, maims or wounds any animal capable of being stolen is guilty of a felony and is liable, if the animal is an animal such as is referred to in section 278,...

• Section 339 - Malicious injuries to property
  

  (1) Any person who wilfully and unlawfully destroys or damages any property is guilty of an offence, which, unless otherwise stated, is a misdemeanour, and is liable, if no other punishment is...

• Section 340 - Attempts to destroy property by explosives
  

  Any person who, unlawfully and with intent to destroy or damage any property, puts any explosive substance in any place whatever, is guilty of a felony and is liable to imprisonment for fourteen...

• Section 341 - Communicating infectious diseases to animals
  

  Any person who wilfully and unlawfully causes, or is concerned in causing or attempts to cause, any infectious disease to be communicated to or among any animal or animals capable of being stolen, is...

• Section 342 - Penalties for damage, etc., to railway works
  

  Any person who— (a) wilfully damages, injures or obstructs any work, way, road, building, turnstile, gate, toll bar, fence, weighing machine, engine, tender, carriage, wagon, truck, material or...

• Section 343 - Sabotage
  

  Any person who, wilfully and unlawfully, destroys or damages, or does any act with intent to, or knowing it to be likely that such act will, impair the usefulness or efficiency or prevent or impede...

• Section 344 - Threats to burn, etc
  

  Any person who, knowing the contents thereof, sends, delivers, utters or directly or indirectly causes to be received any letter or writing threatening to burn or destroy any house, barn or other...

• Section 345 - Definition of forgery
  

  Forgery is the making of a false document with intent to defraud or to deceive.

• Section 346 - Document
  

  In this division of this Code, “document” does not include a trade mark or any other sign used in connexion with articles of commerce though they may be written or printed or in electronic form.

• Section 347 - Making a false document
  

  Any person makes a false document who— (a) makes a document purporting to be what in fact it is not; or (b) alters a document without authority in such a manner that if the alteration had been...

• Section 348 - Intent to defraud
  

  An intent to defraud is presumed to exist if it appears that at the time when the false document was made there was in existence a specific person ascertained or unascertained capable of being...

• Section 349 - General punishment for forgery
  

  Any person who forges any document or electronic record is guilty of an offence which, unless otherwise stated, is a felony and he is liable, unless owing to the circumstances of the forgery or the...

• Section 350 - Forgery of wills, etc.
  

  (1) Any person who forges any will, document of title to land, judicial record, power of attorney, bank note, currency note, bill of exchange, promissory note or other negotiable instrument, policy of...

• Section 351 - Forgery of judicial or official document
  

  Any person who forges any judicial or official document is liable to imprisonment for seven years.

• Section 352 - Forgery of, and other offences in relation to, stamps
  

  Any person who— (a) forges any stamp, whether impressed or adhesive, used for the purposes of revenue or accounting by any Government department; or (b) without lawful excuse, the proof whereof...