WHAT KENYAN LAW SAYS ON FORGERY; PENAL CODE, CAP 63, LAWS OF KENYA; 349

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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.

350. (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 banker, is liable to imprisonment for life, and the court may in addition order that any such document as aforesaid shall be forfeited.

(2) In this section, “document of title to land” includes any deed, map, roll, register or instrument in writing being or containing evidence of the title, or of any part of the title, to any land or to any interest in or arising out of any land, or any authenticated copy thereof.

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

352. 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 the impression of any such stamp; or

(c) fraudulently cuts, tears in any way or removes from any material any stamp used for purposes of revenue or accounting by the Government, with intent that another use shall be made of such stamp or any part thereof; or

(d) fraudulently mutilates any such stamp as last aforesaid, with intent that another use shall be made of such stamp; or

(e) fraudulently fixes or places upon any material or upon any such stamp as last aforesaid any stamp or part of a stamp

General punishment for forgery.

1 of 2009, 6th Sch.

Forgery of wills, etc. 52 of 1955, s.15. 118 CAP. 63 Penal Code

[Rev. 2009

Uttering false documents.

Uttering cancelled or exhausted documents. L.N. 559 / 1962. 1 of 2009.

Procuring execution of documents by false pretences.

1 of 2009.

Altering crossings on cheques.

which, whether fraudulently or not, has been cut, torn or in any way removed from any other material or out of or from any other stamp; or

(f) fraudulently erases or otherwise either really or apparently removes from any stamped material any name, sum, date or other matter or thing whatsoever written thereon with the intent that another use shall be made of the stamp upon such material; or

(g) knowingly and without lawful excuse, the proof whereof shall lie upon him, has in his possession any stamp or part of a stamp which has been fraudulently cut, torn, or otherwise removed from any material, or any stamp which has been fraudulently mutilated, or any stamped material out of which any name, sum, date or other matter or thing has been fraudulently erased or otherwise really or apparently removed,

is liable to imprisonment for seven years.

353. 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.

354. 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 other event, is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the document.

355. 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 if he had forged the document or electronic record.

356. 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, Rev. 2009] Penal Code CAP. 63 119 is guilty of a felony and is liable to imprisonment for seven

years.

357. Any person who, with intent to defraud or to deceive –

Making documents

without authority. (a) without lawful authority or excuse makes, signs or executes 1 of 2009, 6th Sch.

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 electronic record or writing so made, signed or executed by another person,

is guilty of a felony and is liable to imprisonment for seven years.

358. 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 letters of administration obtained by false evidence, knowing the grant to have been so obtained, is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the document or thing by virtue whereof he procures the delivery or payment.

Demanding property upon forged testamentary instruments.

359. Any person who, without lawful authority or excuse, the Purchasing forged

proof of which lies on him, imports or purchases, or receives from any felony and is liable to imprisonment for seven years.

360. 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 entitled, is guilty of a felony and is liable to imprisonment for seven years.

notes. 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

361. Any person who, having the actual custody of any register Falsification of

or record kept by lawful authority, knowingly permits any entry which for seven years.

362. 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

register. 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

Falsifying warrants for money payable under public authority.

Sending false certificate of marriage to registrar. 120 CAP. 63 Penal Code

particular is to his knowledge false, is guilty of a felony and is liable to

imprisonment for seven years.

363. 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.