Penal Code Cap 63 in Kenya

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366 sections

• Section 334 of Penal Code CAP 63: 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 hay or grass under cultivation, whether the natural or indigenous product of the soil or not, and...

  
  
• Section 335 of Penal Code CAP 63: 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 to anything which is so situated that any such thing as is mentioned in that section is likely to...

  
  
• Section 336 of Penal Code CAP 63: 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 destruction of a vessel in distress; or (c) with intent to bring a vessel into danger, interferes with any...

  
  
• Section 337 of Penal Code CAP 63: 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 distress, is guilty of a felony and is liable to imprisonment for seven years.

  
  
• Section 338 of Penal Code CAP 63: 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, to imprisonment for fourteen years, and, in any other case, to imprisonment for three years.

  
  
• Section 339 of Penal Code CAP 63: 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 provided, to imprisonment for five years. (2) If the property in question is a dwelling-house or a...

  
  
• Section 340 of Penal Code CAP 63: 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 years.

  
  
• Section 341 of Penal Code CAP 63: 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 guilty of a felony and is liable to imprisonment for seven years.

  
  
• Section 342 of Penal Code CAP 63: 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 plant, acquired for or belonging to any railway works; or pulls up, removes, defaces or destroys, or...

  
  
• Section 343 of Penal Code CAP 63: 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 the working of, any property used or intended to be used in the service of the Government or any local...

  
  
• Section 344 of Penal Code CAP 63: 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 building, or any rick or stack of grain, hay or straw, or other agricultural produce, whether in or...

  
  
• Section 345 of Penal Code CAP 63: Definition of forgery
  

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

  
  
• Section 346 of Penal Code CAP 63: 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 of Penal Code CAP 63: 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 authorized it would have altered the effect of the document; or (c) introduces into a document...

  
  
• Section 348 of Penal Code CAP 63: 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 defrauded thereby, and this presumption is not rebutted by proof that the offender took or intended to take...

  
  
• Section 349 of Penal Code CAP 63: 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 nature of the thing forged some other punishment is provided, to imprisonment for three years.

  
  
• Section 350 of Penal Code CAP 63: 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 insurance, cheque or other authority for the payment of money by a person carrying on business as a...

  
  
• Section 351 of Penal Code CAP 63: Forgery of judicial or official document
  

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

  
  
• Section 352 of Penal Code CAP 63: 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 shall lie upon him, makes or has knowingly in his possession any die or instrument capable of making...

  
  
• 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...

  
  
• 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...

  
  
• 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...

  
  
• 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...

  
  
• 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...

  
  
• 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...

  
  
• 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.