- Section 306 of Penal Code CAP 63: 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 building or part of a building licensed for the sale of intoxicating liquor, or a building which is...
- Section 307 of Penal Code CAP 63: 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 or part of a building licensed for the sale of intoxicating liquor, or a building which is adjacent...
- 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...
- Section 309 of Penal Code CAP 63: Repealed by Act No. 48 of 1962, s. 13(1).
Repealed by Act No. 48 of 1962, s. 13(1).
- Section 310 of Penal Code CAP 63: 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 offence shall be forfeited.
- Section 311 of Penal Code CAP 63: 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 XXVI or Chapter XXVIII or section 322, and the court by which the person is convicted finds that any...
- Section 312 of Penal Code CAP 63: 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 believe to be true, is a false pretence.
- 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 314 of Penal Code CAP 63: 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 name or impress or affix any seal upon or to any paper or parchment in order that it may be...
- 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...
- 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...
- Section 316B of Penal Code CAP 63: 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 thereon;
(b) assists a person to obtain money or credit on the basis of a cheque
drawn or issued...
- 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...
- 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...
- 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 320 of Penal Code CAP 63: 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 liable to imprisonment for one year.
- Section 321 of Penal Code CAP 63: 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 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...
- Section 323 of Penal Code CAP 63: 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 any manner anything which may be reasonably suspected of having been stolen or unlawfully obtained,...
- 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...
- 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,...
- Section 328 of Penal Code CAP 63: 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 just debt or demand, and, with intent to defraud, omits either to make a full and true entry...
- 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...
- Section 330 of Penal Code CAP 63: 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, alters, mutilates or falsifies any book, document, valuable security or account which belongs to or is...
- 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...
- 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...
- Section 333 of Penal Code CAP 63: 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 as is mentioned in that section is likely to catch fire from it,
is guilty of a felony and is...