- 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;...
- 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...
- 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,...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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,...
- 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...
- 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...
- 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;...
- Section 382 of Penal Code CAP 63: Personation in general
(1) Any person who, with intent to defraud any person, falsely represents himself to be some other person, living or dead, is guilty of a misdemeanour.
(2) If the representation is that the offender is a person entitled by will or operation of law to any specific property and he commits the...
- Section 383 of Penal Code CAP 63: Falsely acknowledging deeds, recognizances, etc
Any person who, without lawful authority or excuse, the proof of which lies on him, makes in the name of any other person, before any court or person lawfully authorized to take such an acknowledgment, an acknowledgment of liability of any kind, or an acknowledgment of a deed or other instrument, is...
- Section 384 of Penal Code CAP 63: Personation of a person named in a certificate
Any person who utters any document which has been issued by lawful authority to another person, whereby that other person is certified to be a person possessed of any qualification recognized by law for any purpose, or to be the holder of any office, or to be entitled to exercise any profession,...
- Section 385 of Penal Code CAP 63: Lending, etc., certificate for personation
Any person who, being a person to whom any document has been issued by lawful authority whereby he is certified to be a person possessed of any qualification recognized by law for any purpose, or to be the holder of any office or to be entitled to exercise any profession, trade or business, or to be...
- Section 386 of Penal Code CAP 63: Personation of person named in testimonial
Any person who, for the purpose of obtaining any employment, utters any document of the nature of a testimonial of character given to another person, is guilty of a misdemeanour and is liable to imprisonment for one year.
- Section 387 of Penal Code CAP 63: Lending, etc., testimonial for personation
Any person who, being a person to whom any such document as is mentioned in section 386 has been given, gives, sells or lends the document to another person with the intent that that other person may utter the document for the purpose of obtaining any employment, is guilty of a misdemeanour.
- Section 388 of Penal Code CAP 63: Attempt defined
(1) When a person, intending to commit an offence, begins to put his intention into execution by means adapted to its fulfillment, and manifests his intention by some overt act, but does not fulfill his intention to such an extent as to commit the offence, he is deemed to attempt to commit the...
- Section 389 of Penal Code CAP 63: Attempts to commit offences.
Any person who attempts to commit a felony or a misdemeanour is guilty of an offence and is liable, if no other punishment is provided, to one-half of such punishment as may be provided for the offence attempted, but so that if that offence is one punishable by death or life imprisonment he shall...
- Section 391 of Penal Code CAP 63: Soliciting or inciting others to commit offence
Any person who solicits or incites or attempts to procure another to do any act or make any omission, whether in Kenya or elsewhere, of such a nature that, if the act were done or the omission were made, an offence would thereby be committed, under the laws of Kenya or the laws in force in the place...
- Section 392 of Penal Code CAP 63: Neglect to prevent felony
Every person who, knowing that a person designs to commit or is committing a felony, fails to use all reasonable means to prevent the commission or completion thereof is guilty of a misdemeanour.
- Section 393 of Penal Code CAP 63: Conspiracy to commit felony
Any person who conspires with another to commit any felony, or to do any act in any part of the world which if done in Kenya would be a felony, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of a felony and is liable, if no other punishment is...