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, “trustee” includes the following persons and no others, that is to say—
(a) trustees upon express trusts created by a deed, will, or instrument in writing, whether for a public or private or charitable purpose;
(b) trustees appointed by or under the authority of any written law for any such purpose;
(c) the heir or personal representative of any trustee as aforesaid and any other person upon or to whom any such trust shall devolve or come;
(d) executors, including executors de son tort and administrators;
(e) managers appointed under the authority of the Mental Treatment Act (Cap. 248);
(f) official managers, assignees, liquidators or other like officers, by whatsoever name called, acting under the authority of any written law relating to bankruptcy or joint stock companies.
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- 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...
- Section 353 - 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 - 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,...
- Section 355 - 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...
- Section 356 - 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...
- Section 357 - 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...
- Section 358 - 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...
- Section 359 - 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,...
- Section 360 - 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...
- Section 361 - 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...
- Section 362 - 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...
- Section 363 - 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...
- Section 364 - 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”...
- Section 365 - 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 - 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...
- Section 367 - 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...
- Section 367A - 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...
- Section 368 - 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...
- Section 369 - 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...
- Section 370 - 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...
- Section 371 - 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...
- Section 372 - Uttering counterfeit coin
Any person who utters any counterfeit coin, knowing it to be counterfeit, is guilty of a misdemeanour.
- Section 373 - 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...
- Section 374 - 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...
- Section 375 - 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...
- Section 376 - 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...