Penal Code
Part 2 of 3 · provisions 201–400
The Act may be cited as the Penal Code and is referred to as "this Code".
- Jurisdiction
- Kenya
- Instrument
- Act or statute
- Citation
- Cap. 63
- Version
- 11 Dec 2023
- Language
- en
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Source attribution: Source: Kenya Law
Statute overview
About this statute
The Act may be cited as the Penal Code and is referred to as "this Code". Preserves liability, trial or punishment of a person for an offence against the common law or any other law in force in Kenya other than this Code. Section 3 has been deleted. Defines an office as "any office the holder of which is appointed or removed by the President or by any public commission." The courts of Kenya have jurisdiction that covers every place within Kenya, including territorial waters, for the purposes of this Code.
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Provisions of Penal Code
Showing 200 of 416
- 185 Verify source ↗
185. Wearing uniforms declared to be for exclusive use
The Cabinet Secretary can declare certain uniforms and distinctive marks to be for exclusive use; using, wearing, importing, selling or possessing them for sale without authority is a misdemeanour with specified penalties, subject to specified performance exceptions and possible forfeiture unless the Cabinet Secretary orders otherwise.
Section 185. Wearing uniforms declared to be for exclusive use Section 185(1) The Cabinet Secretary may, by notice in theGazette, upon the application of any persons who perform, or who are members of any organization which performs, any service which in his opinion is in the public interest, declare that any uniform, badge, button or other distinctive mark used by those persons and described in the notice shall be for the exclusive use of those persons. Section 185(2) Any person who, without the authority of the persons upon whose application a notice under this section has been published in theGazette, uses or wears any uniform, badge, button or other distinctive mark described in the notice, or any uniform, badge, button or other distinctive mark so closely resembling the same as to lead to the belief that it is a uniform, badge, button or other distinctive mark so described, is guilty of a misdemeanour and is liable to imprisonment for one month or to a fine of two hundred shillings:Provided that nothing in this section shall prevent any person from using or wearing the uniform, badge, button or other distinctive mark in the course of a stage play performed in any public place in which stage plays may lawfully be publicly performed, or in the course of a music-hall or circus performance, or in the course of the making or production of a cinematograph film, if the uniform, badge, button or other distinctive mark is not used or worn in such a manner or in such circumstances as to bring it into contempt. Section 185(3) Any person who, without the authority of the persons upon whose application a notice under this section has been published in theGazette, imports or sells or has in his possession for sale any uniform, badge, button or other distinctive mark described in the notice is guilty of a misdemeanour and is liable to imprisonment for six months or to a fine of two thousand shillings. Section 185(4) Where any person has been convicted of any offence under this section, the uniform, badge, button or other distinctive mark in respect of which the offence has been committed shall be forfeited unless the Cabinet Secretary otherwise orders.[L.N. 299/1956, L.N. 172/1960.] - 186 Verify source ↗
186. Spreading infection
Any person who unlawfully or negligently does an act likely to spread a disease dangerous to life commits a misdemeanour.
Section 186. Spreading infection Section Any person who unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, is guilty of a misdemeanour. - 187 Verify source ↗
187.[Deleted by ActNo. 8 of 1965, s. 40.]
Section 187 has been deleted.
Section 187.[Deleted by ActNo. 8 of 1965, s. 40.] - 188 Verify source ↗
188.[Deleted by ActNo. 8 of 1965, s. 40.]
Section 188 has been deleted.
Section 188.[Deleted by ActNo. 8 of 1965, s. 40.] - 189 Verify source ↗
189.[Deleted by ActNo. 8 of 1965, s. 40.]
Section 189 has been deleted.
Section 189.[Deleted by ActNo. 8 of 1965, s. 40.] - 190 Verify source ↗
190.[Deleted by ActNo. 8 of 1965, s. 40.]
Section 190 has been deleted.
Section 190.[Deleted by ActNo. 8 of 1965, s. 40.] - 191 Verify source ↗
191. Fouling water
It is an offence for any person to voluntarily corrupt or foul the water of any public spring or reservoir, rendering it less fit for ordinary use.
Section 191. Fouling water Section Any person who voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, is guilty of a misdemeanour. - 192 Verify source ↗
192. Fouling air
Anyone who voluntarily pollutes the air so that it becomes harmful to people's health in the area or to those passing by is guilty of a misdemeanour.
Section 192. Fouling air Section Any person who voluntarily vitiates the atmosphere in any place, so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, is guilty of a misdemeanour. - 193 Verify source ↗
193. Offensive trades
Any person who, for trade or otherwise, makes loud noises or offensive or unwholesome smells in places and circumstances that annoy many people in the exercise of their common rights commits an offence and may be punished as for a common nuisance.
Section 193. Offensive trades Section Any person who, for the purposes of trade or otherwise, makes loud noises or offensive or unwholesome smells in such places and circumstances as to annoy any considerable number of persons in the exercise of their common rights commits an offence and is liable to be punished as for a common nuisance. - 194 Verify source ↗
194. Definition of libel
Defines libel: a person who, by print, writing, painting, effigy or other non‑oral means, unlawfully publishes defamatory matter about another with intent to defame is guilty of the misdemeanour called libel.
Section 194. Definition of libel Section Any person who, by print, writing, painting or effigy, or by any means otherwise than solely by gestures, spoken words or other sounds, unlawfully publishes any defamatory matter concerning another person, with intent to defame that other person, is guilty of the misdemeanour termed libel. - 195 Verify source ↗
195. Definition of defamatory matter
Defines "defamatory matter" as matter likely to injure a person's reputation by exposing them to hatred, contempt or ridicule, or likely to damage them in their profession or trade; it is immaterial whether the person is living or dead.
Section 195. Definition of defamatory matter Section Defamatory matter is matter likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or likely to damage any person in his profession or trade by an injury to his reputation; and it is immaterial whether at the time of the publication of the defamatory matter the person concerning whom the matter is published is living or dead.[ActNo. 5 of 2003, s. 38.] - 196 Verify source ↗
196. Definition of publication
Defines when a person is considered to have published a libel: when they cause printed, written, painted, effigy or other conveyed defamatory matter to be exhibited, read, recited, described, delivered or otherwise dealt with so that its defamatory meaning is or is likely to become known to the person defamed or any other person.
Section 196. Definition of publication Section 196(1) A person publishes a libel if he causes the print, writing, painting, effigy or other means by which the defamatory matter is conveyed to be so dealt with, either by exhibition, reading, recitation, description, delivery or otherwise, that the defamatory meaning thereof becomes known or is likely to become known to either the person defamed or any other person. Section 196(2) It is not necessary for libel that a defamatory meaning should be directly or completely expressed; and it suffices if such meaning and its application to the person alleged to be defamed can be collected either from the alleged libel itself or from any extrinsic circumstances, or partly by the one and partly by the other means. - 197 Verify source ↗
197. Definition of unlawful publication
Defines "unlawful publication" to include where "the matter is true" and it "was for the public benefit that it should be published"
Section 197. Definition of unlawful publication Section the matter is true and it was for the public benefit that it should be published; or - 198 Verify source ↗
198. Cases in which publication of defamatory matter is absolutely privileged
The publication of defamatory matter is absolutely privileged in specified cases, and no person shall be liable to punishment under this Code in respect thereof in those cases.
Section 198. Cases in which publication of defamatory matter is absolutely privileged Section 198(1) The publication of defamatory matter is absolutely privileged, and no person shall under any circumstances be liable to punishment under this Code in respect thereof, in any of the following cases, namely— Section 198(1)(a) if the matter is published by the President, or by the Cabinet (of Ministers), or in Parliament, in any case in an official document or proceeding; or Section 198(1)(b) if the matter is published in the Cabinet (of Ministers), or in Parliament, in any case by the President, or by a Cabinet Secretary, or by a Member of Parliament, as the case may be; or Section 198(1)(c) if the matter is published by order of the President or by order of the Cabinet (of Ministers); or Section 198(1)(d) if the matter is published concerning a person subject to military or naval discipline for the time being, and relates to his conduct as a person subject to such discipline, and is published by some person having authority over him in respect of such conduct, and to some person having authority over him in respect of such conduct; or Section 198(1)(e) if the matter is published in the course of any judicial proceedings by a person taking part therein as a judge, magistrate, commissioner, advocate, assessor, witness or party thereto; or Section 198(1)(f) if the matter published is in fact a fair report of anything said, done or published in the Cabinet (of Ministers) or in Parliament; or Section 198(1)(g) if the person publishing the matter is legally bound to publish it. Section 198(2) Where a publication is absolutely privileged, it is immaterial for the purposes of this Chapter whether the matter be true or false, and whether it be or be not known or believed to be false, and whether it be or be not published in good faith:Provided that nothing in this section shall exempt any person from any liability to punishment under any other Chapter of this Code or under any other written law in force within Kenya.[ActNo. 15 of 1954, s. 3(l), L.N. 427/1963, L.N. 124/1964, ActNo. 21 of 1966, 2nd Sch., ActNo. 24 of 1967, Sch.] - 199 Verify source ↗
199. Cases in which publication of defamatory matter is conditionally privileged
Publication is conditionally privileged when it is a fair report of anything said, done or shown in a civil or criminal inquiry or proceeding before any court; but if the court prohibits publication of anything said or shown before it on grounds that it is seditious, immoral or blasphemous, that publication is not privileged.
Section 199. Cases in which publication of defamatory matter is conditionally privileged Section if the matter published is in fact a fair report of anything said, done or shown in a civil or criminal inquiry or proceeding before any court:Provided that if the court prohibits the publication of anything said or shown before it, on the ground that it is seditious, immoral or blasphemous, the publication thereof shall not be privileged; or - 200 Verify source ↗
200. Explanation as to good faith
Explains good faith where a matter was untrue and the person did not believe it to be true.
Section 200. Explanation as to good faith Section that the matter was untrue, and that he did not believe it to be true; or - 201 Verify source ↗
201.[Deleted by ActNo. 24 of 1967, s. 7.]
Section 201 has been deleted.
Section 201.[Deleted by ActNo. 24 of 1967, s. 7.] - 202 Verify source ↗
202. Manslaughter
Causing another person's death by an unlawful act or omission is the offence of manslaughter.
Section 202. Manslaughter Section 202(1) Any person who by an unlawful act or omission causes the death of another person is guilty of the felony termed manslaughter. Section 202(2) An unlawful omission is an omission amounting to culpable negligence to discharge a duty tending to the preservation of life or health, whether such omission is or is not accompanied by an intention to cause death or bodily harm. - 203 Verify source ↗
203. Murder
Anyone who, with malice aforethought, causes another person's death by an unlawful act or omission is guilty of murder.
Section 203. Murder Section Any person who of malice aforethought causes death of another person by an unlawful act or omission is guilty of murder. - 204 Verify source ↗
204. Punishment of murder
Any person convicted of murder shall be sentenced to death.
Section 204. Punishment of murder Section Any person convicted of murder shall be sentenced to death. - 205 Verify source ↗
205. Punishment of manslaughter
Anyone who commits the felony of manslaughter is liable to imprisonment for life.
Section 205. Punishment of manslaughter Section Any person who commits the felony of manslaughter is liable to imprisonment for life. - 206 Verify source ↗
206. Malice aforethought
Defines "Malice aforethought" as an intention to cause the death of or to do grievous harm to any person, whether that person is the person actually killed or not.
Section 206. Malice aforethought Section an intention to cause the death of or to do grievous harm to any person, whether that person is the person actually killed or not; - 207 Verify source ↗
207. Killing on provocation
When a person unlawfully kills another in the heat of passion caused by sudden provocation and before their passion cools, they are guilty only of manslaughter.
Section 207. Killing on provocation Section When a person who unlawfully kills another under circumstances which, but for the provisions of this section, would constitute murder, does the act which causes death in the heat of passion caused by sudden provocation as hereinafter defined, and before there is time for his passion to cool, is guilty of manslaughter only. - 208 Verify source ↗
208. Provocation defined
Defines "provocation" as a wrongful act or insult likely to deprive an ordinary person of self-control and induce an assault, and lists exceptions.
Section 208. Provocation defined Section 208(1) The term "provocation" means and includes, except as hereinafter stated, any wrongful act or insult of such a nature as to be likely, when done to an ordinary person or in the presence of an ordinary person to another person who is under his immediate care, or to whom he stands in a conjugal, parental, filial or fraternal relation, or in the relation of master or servant, to deprive him of the power of self- control and to induce him to commit an assault of the kind which the person charged committed upon the person by whom the act or insult is done or offered. Section 208(2) When such an act or insult is done or offered by one person to another, or in the presence of another to a person who is under the immediate care of that other, or to whom the latter stands in any such relation as aforesaid, the former is said to give to the latter provocation for an assault. Section 208(3) A lawful act is not provocation to any person for an assault. Section 208(4) An act which a person does in consequence of incitement given by another person in order to induce him to do the act and thereby to furnish an excuse for committing an assault is not provocation to that other person for an assault. Section 208(5) An arrest which is unlawful is not necessarily provocation for an assault, but it may be evidence of provocation to a person who knows of the illegality. - 209 Verify source ↗
209. Suicide pacts
Persons who kill (or are party to killing) under a suicide pact are to be treated as having committed manslaughter rather than murder; the defence must prove the existence of a suicide pact; 'suicide pact' is defined.
Section 209. Suicide pacts Section 209(1) It shall be manslaughter, and shall not be murder, for a person acting in pursuance of a suicide pact between him and another to kill the other or be a party to the other killing himself or being killed by a third person. Section 209(2) Where it is shown that a person charged with the murder of another killed the other or was a party to his killing himself or being killed, it shall be for the defence to prove that the person charged was acting in pursuance of a suicide pact between him and the other. Section 209(3) For the purposes of this section, "suicide pact" means a common agreement between two or more persons having for its object the death of all of them, whether or not each is to take his own life, but nothing done by a person who enters into a suicide pact shall be treated as done by him in pursuance of the pact unless it is done while he has the settled intention of dying in pursuance of the pact.[ActNo. 54 of 1960, s. 26.] - 210 Verify source ↗
210. Infanticide
If a woman wilfully causes the death of her child under twelve months while her mind was disturbed after childbirth or due to lactation, she is guilty of the felony of infanticide and may be punished as for manslaughter.
Section 210. Infanticide Section Where a woman by any wilful act or omission causes the death of her child being a child under the age of twelve months, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent on the birth of the child, then, notwithstanding that the circumstances were such that but for the provisions of this section the offence would have amounted to murder, she shall be guilty of a felony, to wit, infanticide, and may for that offence be dealt with and punished as if she had been guilty of manslaughter of the child. - 211 Verify source ↗
211. Sentence of death not to be passed on pregnant woman
If a woman convicted of an offence punishable with death is found to be pregnant, she is to be sentenced to imprisonment for life instead of death.
Section 211. Sentence of death not to be passed on pregnant woman Section Where a woman convicted of an offence punishable with death is found in accordance with the provisions ofsection 212to be pregnant, the sentence to be passed on her shall be a sentence of imprisonment for life instead of sentence of death. - 212 Verify source ↗
212. Procedure where woman convicted of capital offence alleges she is pregnant
Before passing sentence on a woman convicted of a capital offence who alleges pregnancy (or when the court so orders), the trial judge must determine whether she is pregnant; the judge decides based on evidence and will find she is not pregnant unless pregnancy is proved; if the judge finds she is not pregnant the woman may appeal and the Court of Appeal, if satisfied the finding should be set aside, must quash the sentence and pass a sentence of life imprisonment; if the trial judge cannot sit another High Court judge shall determine the question.
Section 212. Procedure where woman convicted of capital offence alleges she is pregnant Section 212(1) Where a woman convicted of an offence punishable with death alleges that she is pregnant, or where the court before whom she is so convicted thinks fit so to order, the question whether or not the woman is pregnant shall, before sentence is passed on her, be determined by the trial judge. Section 212(2) The question whether the woman is pregnant or not shall be determined by the judge on such evidence as may be laid before him on the part of the woman or on the part of the Republic, and the judge shall find that the woman is not pregnant unless it is proved affirmatively to his satisfaction that she is pregnant. Section 212(3) Where in proceedings under this section the judge finds that the woman in question is not pregnant, the woman may appeal to the Court of Appeal, and that Court, if satisfied that for any reason the finding should be set aside, shall quash the sentence passed on her and instead thereof pass on her a sentence of imprisonment for life. Section 212(4) If for any reason whatsoever the trial judge is unable to sit for the purpose of determining the question whether or not the woman is pregnant, then some other judge of the High Court shall sit and determine that question.[ActNo. 21 of 1966, 2nd Sch., ActNo. 24 of 1967, Sch.] - 213 Verify source ↗
213. Causing death defined
Defines 'causing death' as inflicting bodily injury that leads to surgical or medical treatment which causes death, and states that it is immaterial whether the treatment was proper or mistaken if it was employed in good faith and with common knowledge and skill, but excludes liability where the treatment that was the immediate cause of death was not employed in good faith or lacked common knowledge or skill.
Section 213. Causing death defined Section if he inflicts bodily injury on another person in consequence of which that other person undergoes surgical or medical treatment which causes death. In this case it is immaterial whether the treatment was proper or mistaken, if it was employed in good faith and with common knowledge and skill; but the person inflicting the injury is not deemed to have caused the death if the treatment which was its immediate cause was not employed in good faith or was so employed without common knowledge or skill; - 214 Verify source ↗
214. When child deemed to be a person
A child is treated as a person capable of being killed once it has completely proceeded in a living state from its mother's body, regardless of breathing, independent circulation, or whether the navel-string is severed.
Section 214. When child deemed to be a person Section A child becomes a person capable of being killed when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, and whether it has an independent circulation or not, and whether the navel-string is severed or not. - 215 Verify source ↗
215. Limitation as to time of death
A person is not treated as having killed another if the death does not occur within a year and a day of the cause of death.
Section 215. Limitation as to time of death Section 215(1) A person is not deemed to have killed another if the death of that person does not take place within a year and a day of the cause of death. Section 215(2) Such period is reckoned inclusive of the day on which the last unlawful act contributing to the cause of death was done. Section 215(3) When the cause of death is an omission to observe or perform a duty, the period is reckoned inclusive of the day on which the omission ceased. Section 215(4) When the cause of death is in part an unlawful act, and in part an omission to observe or perform a duty, the period is reckoned inclusive of the day on which the last unlawful act was done or the day on which the omission ceased, whichever is the later. - 216 Verify source ↗
216. Responsibility of person who has charge of another
A person in charge of another who cannot care for themselves must provide that person with the necessaries of life.
Section 216. Responsibility of person who has charge of another Section It is the duty of every person having charge of another who is unable by reason of age, sickness, unsoundness of mind, detention or any other cause to withdraw himself from such charge, and who is unable to provide himself with the necessaries of life, whether the charge is undertaken under a contract or is imposed by law, or arises by reason of any act, whether lawful or unlawful, of the person who has such charge, to provide for that other person the necessaries of life; and he shall be deemed to have caused any consequences which adversely affect the life or health of the other person by reason of any omission to perform that duty. - 217 Verify source ↗
217. Duty of masters
Masters or mistresses who have contracted to provide necessary food, clothing or lodging for a servant or apprentice under sixteen must provide them, and failing to do so may lead to being deemed to have caused consequences adversely affecting the servant's life or health.
Section 217. Duty of masters Section It is the duty of every person who as master or mistress has contracted to provide necessary food, clothing or lodging for any servant or apprentice under the age of sixteen years to provide the same; and he or she shall be deemed to have caused any consequences which adversely affect the life or health of the servant or apprentice by reason of any omission to perform that duty. - 218 Verify source ↗
218. Duty of persons doing dangerous acts
Persons who undertake surgical or medical treatment, or any lawful act that may be dangerous to life or health, must have reasonable skill and use reasonable care, except in cases of necessity.
Section 218. Duty of persons doing dangerous acts Section It is the duty of every person who, except in a case of necessity, undertakes to administer surgical or medical treatment to any other person, or to do any other lawful act which is or may be dangerous to human life or health, to have reasonable skill and to use reasonable care in doing the act; and he shall be deemed to have caused any consequences which adversely affect the life or health of any person by reason of any omission to observe or perform that duty. - 219 Verify source ↗
219. Duty of persons in charge of dangerous things
Every person in charge of things that could endanger life, safety or health must use reasonable care and take reasonable precautions to avoid the danger.
Section 219. Duty of persons in charge of dangerous things Section It is the duty of every person who has in his charge or under his control anything, whether living or inanimate, and whether moving or stationary, of such a nature that, in the absence of care or precaution in its use or management, the life, safety or health of any person may be endangered, to use reasonable care and take reasonable precautions to avoid the danger; and he shall be deemed to have caused any consequences which adversely affect the life or health of any person by reason of any omission to perform that duty. - 220 Verify source ↗
220. Attempt to murder
Defines attempt to murder as attempting unlawfully to cause the death of another.
Section 220. Attempt to murder Section attempts unlawfully to cause the death of another; or - 221 Verify source ↗
221. Attempt to murder by convict
A person serving a sentence of three years or more who attempts to commit murder is liable to imprisonment for life.
Section 221. Attempt to murder by convict Section Any person who, being under a sentence of imprisonment for three years or more, attempts to commit murder is liable to imprisonment for life.[ActNo. 5 of 2003, s. 39.] - 222 Verify source ↗
222. Accessory after the fact to murder
Anyone who becomes an accessory after the fact to murder commits a felony and can be sentenced to life imprisonment.
Section 222. Accessory after the fact to murder Section Any person who becomes an accessory after the fact to murder is guilty of a felony and is liable to imprisonment for life.[ActNo. 53 of 1952, Sch.] - 223 Verify source ↗
223. Threats to kill
It is a felony for any person, without lawful excuse, to utter or cause another to receive a threat to kill; the offence carries up to ten years' imprisonment.
Section 223. Threats to kill Section 223(1) Any person who without lawful excuse utters, or directly or indirectly causes any person to receive, a threat, whether in writing or not, to kill any person is guilty of a felony and is liable to imprisonment for ten years. Section 223(2) Deleted by ActNo. 5 of 2003, s. 40.[ActNo. 52 of 1955, s. 12, ActNo. 5 of 2003, s. 40.] - 224 Verify source ↗
224. Conspiracy to murder
Any person who conspires with another to kill any person (in Kenya or elsewhere) commits a felony and is liable to 14 years' imprisonment.
Section 224. Conspiracy to murder Section Any person who conspires with any other person to kill any person, whether that person is in Kenya or elsewhere, is guilty of a felony and is liable to imprisonment for fourteen years. - 225 Verify source ↗
225. Aiding suicide
Aiding suicide
Section 225. Aiding suicide Section procures another to kill himself; or - 226 Verify source ↗
226. Attempting suicide
Attempting to kill oneself is a misdemeanour.
Section 226. Attempting suicide Section Any person who attempts to kill himself is guilty of a misdemeanour. - 227 Verify source ↗
227. Concealing birth
Anyone who secretly disposes of a newborn's body to conceal the birth commits a misdemeanour.
Section 227. Concealing birth Section Any person who, when a woman is delivered of a child, endeavours by any secret disposition of the dead body of the child to conceal the birth, whether the child died before, at or after its birth, is guilty of a misdemeanour. - 228 Verify source ↗
228. Killing unborn child
Anyone who prevents a child from being born alive when a woman is about to deliver, by acts or omissions that would amount to unlawful killing if the child had been born and died, is guilty of a felony and liable to imprisonment for life.
Section 228. Killing unborn child Section Any person who, when a woman is about to be delivered of a child, prevents the child from being born alive by any act or omission of such a nature that, if the child had been born alive and had then died, he would be deemed to have unlawfully killed the child, is guilty of a felony and is liable to imprisonment for life. - 229 Verify source ↗
229. Disabling in order to commit felony or misdemeanour
Anyone who, by choking, suffocating or strangling another so as to make them incapable of resistance, with intent to commit or facilitate a felony or misdemeanour (or to facilitate an offender's flight), commits a felony punishable by life imprisonment.
Section 229. Disabling in order to commit felony or misdemeanour Section Any person who, by any means calculated to choke, suffocate or strangle, and with intent to commit or to facilitate the commission of a felony or misdemeanour, or to facilitate the flight of an offender after the commission or attempted commission of a felony or misdemeanour, renders or attempts to render any person incapable of resistance, is guilty of a felony and is liable to imprisonment for life.[ActNo. 5 of 2003, s. 41.] - 230 Verify source ↗
230. Stupefying in order to commit felony or misdemeanour
Anyone who, intending to commit or facilitate a felony or misdemeanour (or to help an offender flee), administers or attempts to administer a stupefying or overpowering drug or thing to another person is guilty of a felony and liable to life imprisonment.
Section 230. Stupefying in order to commit felony or misdemeanour Section Any person who, with intent to commit or to facilitate the commission of a felony or misdemeanour, or to facilitate the flight of an offender after the commission or attempted commission of a felony or misdemeanour, administers or attempts to administer any stupefying or overpowering drug or thing to any person, is guilty of a felony and is liable to imprisonment for life. - 231 Verify source ↗
231. Acts intended to cause grievous harm or to prevent arrest
Makes it unlawful to wound or do any grievous harm to any person by any means.
Section 231. Acts intended to cause grievous harm or to prevent arrest Section unlawfully wounds or does any grievous harm to any person by any means whatever; or - 232 Verify source ↗
232. Preventing escape from wreck
Prohibits preventing or obstructing any person on board of, or escaping from, a vessel in distress or wrecked, in their endeavours to save their life.
Section 232. Preventing escape from wreck Section prevents or obstructs any person who is on board of, or is escaping from, a vessel which is in distress or wrecked, in his endeavours to save his life; or - 233 Verify source ↗
233. Intentionally endangering safety of persons travelling by railway
Makes it an offence to place anything on the railway that intentionally endangers the safety of persons travelling by railway.
Section 233. Intentionally endangering safety of persons travelling by railway Section places anything on the railway; or - 234 Verify source ↗
234. Grievous harm
Unlawfully causing grievous harm to another is a felony punishable by life imprisonment.
Section 234. Grievous harm Section Any person who unlawfully does grievous harm to another is guilty of a felony and is liable to imprisonment for life.[ActNo. 53 of 1952, Sch., ActNo. 54 of 1960, s. 27, ActNo. 5 of 2003, s. 44.] - 235 Verify source ↗
235. Attempting to injure by explosive substances
Anyone who unlawfully and intending to harm places an explosive substance anywhere commits a felony and is liable to 14 years' imprisonment.
Section 235. Attempting to injure by explosive substances Section Any person who unlawfully, and with intent to do any harm to another, puts any explosive substance in any place whatever, is guilty of a felony and is liable to imprisonment for fourteen years. - 236 Verify source ↗
236. Maliciously administering poison with intent to harm
It is an offence for any person to unlawfully and with intent to injure or annoy cause poison or a noxious thing to be administered to (or taken by) another, endangering life or causing grievous harm; liable to imprisonment for fourteen years.
Section 236. Maliciously administering poison with intent to harm Section Any person who unlawfully, and with intent to injure or annoy another, causes any poison or noxious thing to be administered to, or taken by, any person, and thereby endangers his life, or does him grievous harm, is guilty of a felony and is liable to imprisonment for fourteen years. - 237 Verify source ↗
237. Unlawful wounding or poisoning
Creates an offense concerning unlawful wounding or poisoning.
Section 237. Unlawful wounding or poisoning Section unlawfully wounds another; or - 238 Verify source ↗
238. Intimidation and molestation.
Any person who intimidates or molests another person commits an offence punishable by up to three years' imprisonment; the provision defines "intimidates" and "molests", and subsection (3)'s rules exclude lawful peaceful picketing under trade-union law.
Section 238. Intimidation and molestation. Section 238(1) Any person who intimidates or molests any other person is guilty of an offence and is liable to imprisonment for a term not exceeding three years. Section 238(2) A person intimidates another person who, with intent to cause alarm to that person or to cause him to do any act which he is not legally bound to do or to omit to do any act which he is legally entitled to do, causes or threatens to cause unlawful injury to the person, reputation or property of that person or anyone in whom that person is interested. Section 238(3) A person molests another person who, with intent as aforesaid, dissuades or attempts to dissuade, by whatever means, anyone from entering or approaching or dealing at any premises at which that person carries on trade or business or works or otherwise from dealing with that person, or with any person by whom that person is employed, in the course of his trade or business, or watches and besets any premises where that person resides or works or carries on trade or business or happens to be, or the approaches to such premises, or persistently follows that person or anyone in whom that person is interested from place to place, or interferes with any property owned or used by, or deprives of or hinders in the use of such property, that person or anyone in whom that person is interested. Section 238(4) Nothing in subsection (3) shall apply to any peaceful picketing which is lawful under the provisions of any law relating to trade unions or trade disputes within the meaning of the Trade Unions Act (Cap. 233).[ActNo. 54 of 1960, s. 29.] - 239 Verify source ↗
239. Failure to supply necessaries
A person charged with the duty to provide another with the necessaries of life must not, without lawful excuse, fail to supply them when such failure endangers life or is likely to cause permanent injury; such failure is a felony.
Section 239. Failure to supply necessaries Section Any person who, being charged with the duty of providing for another the necessaries of life, without lawful excuse fails to do so, whereby the life of that other person is or is likely to be endangered or his health is or is likely to be permanently injured, is guilty of a felony and is liable to imprisonment for three years. - 240 Verify source ↗
240. Surgical operation
A person is not criminally responsible for performing, in good faith and with reasonable care and skill, a surgical operation for another's benefit or upon an unborn child to preserve the mother's life, when the operation is reasonable in all the circumstances.
Section 240. Surgical operation Section A person is not criminally responsible for performing in good faith and with reasonable care and skill a surgical operation upon any person for his benefit, or upon an unborn child for the preservation of the mother’s life, if the performance of the operation is reasonable, having regard to the patient’s state at the time and to all the circumstances of the case. - 241 Verify source ↗
241. Excess of force
Persons authorized to use force are criminally responsible for any excess of force.
Section 241. Excess of force Section Any person authorized by law or by the consent of the person injured by him to use force is criminally responsible for any excess, according to the nature and quality of the act which constitutes the excess. - 242 Verify source ↗
242. Consent
Consent to the causing of one’s own death or maim does not affect the criminal responsibility of the person who caused it.
Section 242. Consent Section Notwithstanding anything contained insection 241, consent by a person to the causing of his own death or his own maim does not affect the criminal responsibility of any person by whom the death or maim is caused. - 242A Verify source ↗
242A. Supply of harmful substances to children
It prohibits any person from supplying or offering to a child certain harmful substances (petroleum distillates, glue or other stupefying or hallucinogenic substances, or substances declared by the Cabinet Secretary responsible for health).
Section 242A. Supply of harmful substances to children Section 242A(1) Any person who supplies or offers to a child— Section 242A(1)(a) any petroleum distillate, glue or other substance consisting of or containing matter having stupefying or hallucinogenic properties; or Section 242A(1)(b) any substance which the Cabinet Secretary responsible for health has declared, by notice published in theGazette, to be a substance to which this section applies, Section 242A(2) The provisions of this section are in addition to, and do not limit the operation of— Section 242A(2)(a) any provision of Chapter XX or XXII or any other provision of this Code; Section 242A(2)(b) the provisions of section 24 and 29 of the Children Act (Cap. 141); or Section 242A(2)(c) the provisions of the Narcotic Drugs and Psychotropic Substances (Control) Act (Cap. 245) or any other written law. Section 242A(3) In this section, "child" means a person under the age of eighteen years.[ActNo. 5 of 2003, s. 46.] - 243 Verify source ↗
243. Reckless and negligent acts
'drives any vehicle or rides on any public way; or'
Section 243. Reckless and negligent acts Section drives any vehicle or rides on any public way; or - 244 Verify source ↗
244. Other negligent acts causing harm
Any person who unlawfully does an act or omits a duty‑bound act (other than those in section 243) that causes harm is guilty of a misdemeanour and liable to six months' imprisonment.
Section 244. Other negligent acts causing harm Section Any person who unlawfully does any act, or omits to do any act which it is his duty to do, not being an act or omission specified insection 243by which act or omission harm is caused to any person, is guilty of a misdemeanour and is liable to imprisonment for six months.[ActNo. 52 of 1955, s. 14.] - 245 Verify source ↗
245. Dealing in poisonous substances in negligent manner
Making, possessing or handling poisonous substances in a rash or negligent way that endangers life or is likely to cause hurt is a misdemeanour punishable by up to six months' imprisonment or a fine of seven thousand shillings.
Section 245. Dealing in poisonous substances in negligent manner Section Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such care with any poisonous substance in his possession as is sufficient to guard against probable danger to human life from such poisonous substance, is guilty of a misdemeanour and is liable to imprisonment for six months or to a fine of seven thousand shillings. - 246 Verify source ↗
246. Endangering safety of persons travelling by railway
Anyone who, by an unlawful act or omission (not listed in section 233), causes the safety of a person travelling by railway to be endangered is guilty of a misdemeanour.
Section 246. Endangering safety of persons travelling by railway Section Any person who, by any unlawful act or omission not specified insection 233, causes the safety of any person travelling by any railway to be endangered, is guilty of a misdemeanour. - 247 Verify source ↗
247. Exhibition of false light, mark or buoy
Any person must not exhibit any false light, mark or buoy if they intend or know it is likely to mislead a navigator; doing so is punishable by up to seven years' imprisonment.
Section 247. Exhibition of false light, mark or buoy Section Any person who exhibits any false light, mark or buoy, intending or knowing it to be likely that the exhibition will mislead any navigator, is liable to imprisonment for seven years. - 248 Verify source ↗
248. Conveying person by water for hire in unsafe or overloaded vessel
Anyone who knowingly or negligently carries or causes to be carried for hire a person by water in a vessel that is unsafe or overloaded commits a misdemeanour.
Section 248. Conveying person by water for hire in unsafe or overloaded vessel Section Any person who knowingly or negligently conveys, or causes to be conveyed for hire, any person by water in any vessel, when that vessel is in such a state or so loaded as to be unsafe, is guilty of a misdemeanour. - 249 Verify source ↗
249. Danger or obstruction in public way or line of navigation
Any person who causes danger, obstruction or injury in a public way or public line of navigation is liable to a fine.
Section 249. Danger or obstruction in public way or line of navigation Section Any person who by doing any act, or by omitting to take reasonable care with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, is liable to a fine. - 250 Verify source ↗
250. Common assault
Unlawful assault by any person is a misdemeanour punishable by up to one year imprisonment unless a greater punishment applies.
Section 250. Common assault Section Any person who unlawfully assaults another is guilty of a misdemeanour and, if the assault is not committed in circumstances for which a greater punishment is provided in this Code, is liable to imprisonment for one year. - 251 Verify source ↗
251. Assault causing actual bodily harm
Any person who commits an assault occasioning actual bodily harm is guilty of a misdemeanour and liable to imprisonment for five years.
Section 251. Assault causing actual bodily harm Section Any person who commits an assault occasioning actual bodily harm is guilty of a misdemeanour and is liable to imprisonment for five years.[ActNo. 40 of 1952, Sch.] - 251A Verify source ↗
251A. Insulting modesty by forcible stripping
It is prohibited for a person to intentionally insult another’s modesty by forcibly stripping them; doing so is an offence.
Section 251A. Insulting modesty by forcible stripping Section A person who intentionally insults the modesty of any other person by forcibly stripping such person, commits an offence and is liable, upon conviction, to imprisonment for a term not less than ten years.[ActNo. 5 of 2003, s. 47.] - 252 Verify source ↗
252. Assault on persons protecting wreck
Any person who assaults, strikes or wounds a magistrate, officer or other lawfully authorized person executing duties to preserve wrecked or distressed vessels or goods commits a misdemeanour and may be imprisoned for seven years.
Section 252. Assault on persons protecting wreck Section Any person who assaults and strikes or wounds any magistrate, officer or other person lawfully authorized in or on account of the execution of his duty in or concerning the preservation of any vessel in distress, or of any vessel or goods or effects wrecked, stranded or cast on shore, or lying under water, is guilty of a misdemeanour and is liable to imprisonment for seven years. - 253 Verify source ↗
253. Other assaults
Creates an offence of assaulting a person with intent to commit a felony or to resist or prevent lawful apprehension or detainer.
Section 253. Other assaults Section assaults any person with intent to commit a felony or to resist or prevent the lawful apprehension or detainer of himself or of any other person for any offence; or - 303 Verify source ↗
303. Definition of breaking and entering
Section 303 defines 'breaking' as breaking parts of a building or opening closures (doors, windows, shutters, cellar flaps, or similar) by any means; it defines 'enter' as when any part of a person's body or an instrument used by them is within the building; it also deems entering by threat, artifice, collusion, or through an aperture not ordinarily intended for entry to constitute breaking and entering.
Section 303. Definition of breaking and entering Section 303(1) A person who breaks any part, whether external or internal, of a building, or opens by unlocking, pulling, pushing, lifting or any other means whatever any door, window, shutter, cellar flap or other thing intended to close or cover an opening in a building, or an opening giving passage from one part of a building to another, is deemed to break the building. Section 303(2) A person is deemed to enter a building as soon as any part of his body or any part of any instrument used by him is within the building. Section 303(3) A person who obtains entrance into a building by means of any threat or artifice used for that purpose, or by collusion with any person in the building, or who enters any aperture of the building left open for any purpose, but not intended to be ordinarily used as a means of entrance, is deemed to have broken and entered the building.[ActNo. 53 of 1952, Sch.] - 304 Verify source ↗
304. Housebreaking and burglary
Any person who breaks and enters a building, tent or vessel used as a human dwelling with intent to commit a felony (or who, having entered or having committed a felony therein, breaks out) is guilty of housebreaking and liable to seven years' imprisonment; if the offence is committed at night it is termed burglary and the offender is liable to ten years' imprisonment.
Section 304. Housebreaking and burglary Section 304(1) Any person who— Section 304(1)(a) breaks and enters any building, tent or vessel used as a human dwelling with intent to commit a felony therein; or Section 304(1)(b) having entered any building, tent or vessel used as a human dwelling with intent to commit a felony therein, or having committed a felony in any such building, tent or vessel, breaks out thereof, is guilty of the felony termed housebreaking and is liable to imprisonment for seven years. Section 304(2) If the offence is committed in the night, it is termed burglary, and the offender is liable to imprisonment for ten years.[ActNo. 24 of 1967, Sch.] - 305 Verify source ↗
305. Entering dwelling-house with intent to commit felony
Entering or being in a dwelling with intent to commit a felony is a felony punishable by up to five years' imprisonment; if committed at night the penalty is up to seven years.
Section 305. Entering dwelling-house with intent to commit felony Section 305(1) Any person who enters or is in any building, tent or vessel used as a human dwelling with intent to commit a felony therein is guilty of a felony and is liable to imprisonment for five years. Section 305(2) If the offence is committed in the night, the offender is liable to imprisonment for seven years. - 306 Verify source ↗
306. Breaking into building and committing felony
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 to a dwelling-house and occupied with it but is not part of it, or any building used as a place of worship, and commits a felony therein
Section 306. Breaking into building and committing felony Section 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 to a dwelling-house and occupied with it but is not part of it, or any building used as a place of worship, and commits a felony therein; or - 307 Verify source ↗
307. Breaking into building with intent to commit felony
Any person who breaks and enters specified buildings with intent to commit a felony is guilty of a felony and liable to imprisonment for five years.
Section 307. Breaking into building with intent to commit felony Section 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 to a dwelling-house and occupied with it but is not part of it, or any building used as a place of worship, with intent to commit a felony therein, is guilty of a felony and is liable to imprisonment for five years.[ActNo. 42 of 1951, s. 12, L.N. 427/1963, L.N. 124/1964, ActNo. 24 of 1967, Sch.] - 308 Verify source ↗
308. Preparations to commit felony
It is a felony for a person to be found armed with intent to commit a felony, to carry articles for use in burglary/theft/cheating when away from home, or to be disguised or hiding in buildings with intent to commit a felony; penalties include lengthy imprisonment.
Section 308. Preparations to commit felony Section 308(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. Section 308(2) Any person who, when not at his place of abode, has with him any article for use in the course of or in connexion with any burglary, theft or cheating is guilty of a felony, and where any person is charged with an offence under this subsection proof that he had with him any article made or adapted for use in committing a burglary, theft or cheating shall be evidence that he had it with him for such use. Section 308(3) Any person who is found— Section 308(3)(a) having his face masked or blackened, or being otherwise disguised, with intent to commit a felony; or Section 308(3)(b) in any building whatever by night with intent to commit a felony therein;or Section 308(3)(c) in any building whatever by day with intent to commit a felony therein, having taken precautions to conceal his presence, is guilty of a felony. Section 308(4) Any person guilty of a felony under subsection (2) or (3) is liable to imprisonment with hard labour for five years or, if he has previously been convicted of a felony relating to property, to such imprisonment for ten years.[ActNo. 3 of 1969, s. 4, ActNo. 22 of 1987, Sch., ActNo. 11 of 1993, Sch.] - 309 Verify source ↗
309.[Repealed by ActNo. 48 of 1962, s. 13(1).]
Section 309 has been repealed by Act No. 48 of 1962, s. 13(1).
Section 309.[Repealed by ActNo. 48 of 1962, s. 13(1).] - 310 Verify source ↗
310. Forfeiture of housebreaking instruments
When a person is convicted under this Chapter, the court may order that any dangerous or offensive weapon or instrument of housebreaking carried or used in connection with the offence be forfeited.
Section 310. Forfeiture of housebreaking instruments Section 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. - 311 Verify source ↗
311. Forfeiture of aircraft, vessel or vehicle, and penalty for interfering with aircraft, vessel or vehicle when detained
Damaging or unlawfully removing an aircraft, vessel or vehicle detained under section 26 is a misdemeanour; aircraft, vessel or vehicle used to facilitate certain offences may be forfeited and forfeitable items are to be dealt with under section 389A.
Section 311. Forfeiture of aircraft, vessel or vehicle, and penalty for interfering with aircraft, vessel or vehicle when detained Section 311(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 orsection 322, and the court by which the person is convicted finds that any aircraft, vessel or vehicle was used or employed by that person in the commission or to facilitate the commission of the offence of which he is convicted, the aircraft, vessel or vehicle may be forfeited. Section 311(2) An aircraft, vessel or vehicle which is liable to forfeiture under subsection (1) shall be dealt with in accordance with section 389A of the Criminal Procedure Code (Cap. 75). Section 311(3) Deleted by ActNo. 24 of 1967, Sch. Section 311(4) Any person who damages or unlawfully removes any aircraft, vessel or vehicle while it is detained under section 26 of the Criminal Procedure Code is guilty of a misdemeanour. Section 311(5) For the purposes of this section, "aircraft", "vessel" and "vehicle", respectively, include everything contained in, being on or attached to any aircraft, vessel or vehicle, as the case may be, which, in the opinion of the court, forms part of the equipment of the aircraft, vessel or vehicle.[ActNo. 3 of 1969, s. 4, ActNo. 22 of 1987, Sch., ActNo. 11 of 1993, Sch., ActNo. 5 of 2003, s. 56.] - 254 Verify source ↗
254. Definition of kidnapping from Kenya
Anyone who takes a person out of Kenya without that person's (or a legally authorized person's) consent is said to kidnap that person from Kenya.
Section 254. Definition of kidnapping from Kenya Section Any person who conveys any person beyond the limits of Kenya without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from Kenya. - 255 Verify source ↗
255. Definition of kidnapping from lawful guardianship
Taking or enticing a minor (male under 14, female under 16) or a person of unsound mind out of the keeping of their lawful guardian without the guardian's consent is defined as kidnapping from lawful guardianship.
Section 255. Definition of kidnapping from lawful guardianship Section Any person who takes or entices any minor under fourteen years of age if a male, or under sixteen years of age if a female, or any person of unsound mind, out of the keeping of a lawful guardian of the minor or person of unsound mind, without the consent of the guardian, is said to kidnap the minor or person from lawful guardianship. - 256 Verify source ↗
256. Definition of abduction
Defines abduction as compelling or inducing a person to go from any place by force or deceit.
Section 256. Definition of abduction Section Any person who by force compels, or by any deceitful means induces, any person to go from any place is said to abduct that person. - 257 Verify source ↗
257. Punishment for kidnapping
Any person who kidnaps another person from Kenya or from lawful guardianship commits a felony and faces up to seven years' imprisonment.
Section 257. Punishment for kidnapping Section Any person who kidnaps any person from Kenya or from lawful guardianship is guilty of a felony and is liable to imprisonment for seven years. - 258 Verify source ↗
258. Kidnapping or abducting in order to murder
Any person who kidnaps or abducts someone in order that they may be murdered or put in danger of being murdered commits a felony and is liable to imprisonment for ten years.
Section 258. Kidnapping or abducting in order to murder Section Any person who kidnaps or abducts any person in order that the person may be murdered, or may be so disposed of as to be put in danger of being murdered, is guilty of a felony and is liable to imprisonment for ten years. - 259 Verify source ↗
259. Kidnapping or abducting with intent to confine
Prohibits kidnapping or abducting a person with intent to secretly and wrongfully confine them; offence punishable by imprisonment for seven years.
Section 259. Kidnapping or abducting with intent to confine Section Any person who kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined is guilty of a felony and is liable to imprisonment for seven years. - 260 Verify source ↗
260. Kidnapping or abducting in order to subject to grievous harm, slavery, etc.
Makes kidnapping or abducting a person to cause grievous harm, dispose of them to such danger, or when knowing this to be likely, a felony punishable by imprisonment for ten years.
Section 260. Kidnapping or abducting in order to subject to grievous harm, slavery, etc. Section Any person who kidnaps or abducts any person in order that the person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous harm, or knowing it to be likely that such person will be so subjected or disposed of, is guilty of a felony and is liable to imprisonment for ten years.[ActNo. 19 of 2014, s. 14.] - 261 Verify source ↗
261. Wrongfully concealing or keeping in confinement kidnapped or abducted person
Anyone who, knowing a person has been kidnapped or abducted, wrongfully conceals or confines that person is guilty of a felony and will be punished as if they had committed the kidnapping or abduction.
Section 261. Wrongfully concealing or keeping in confinement kidnapped or abducted person Section Any person who, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person is guilty of a felony and shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose, as that with or for which he conceals or detains such person in confinement. - 262 Verify source ↗
262. Kidnapping or abducting child under fourteen years with intent to steal from its person
It is a felony to kidnap or abduct a child under fourteen with intent to steal from the child; the offender is liable to seven years' imprisonment.
Section 262. Kidnapping or abducting child under fourteen years with intent to steal from its person Section Any person who kidnaps or abducts any child under the age of fourteen years with the intention of taking dishonestly any movable property from the person of such child is guilty of a felony and is liable to imprisonment for seven years. - 263 Verify source ↗
263. Punishment for wrongful confinement
Anyone who wrongfully confines another person commits a misdemeanour and is liable to imprisonment for one year or to a fine of fourteen thousand shillings.
Section 263. Punishment for wrongful confinement Section Whoever wrongfully confines any person is guilty of a misdemeanour and is liable to imprisonment for one year or to a fine of fourteen thousand shillings.[ActNo. 8 of 2010, 2nd Sch.] - 264 Verify source ↗
264.[Deleted by ActNo. 8 of 2010, 2nd Sch.]
Section 264 deleted by ActNo. 8 of 2010, 2nd Sch.
Section 264.[Deleted by ActNo. 8 of 2010, 2nd Sch.] - 265 Verify source ↗
265.[Deleted by ActNo. 8 of 2010, 2nd Sch.]
Section 265 has been deleted.
Section 265.[Deleted by ActNo. 8 of 2010, 2nd Sch.] - 266 Verify source ↗
266. Unlawful compulsory labour
Anyone who unlawfully forces another person to work against their will commits a misdemeanour.
Section 266. Unlawful compulsory labour Section Any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour. - 266A Verify source ↗
266A. Offences Under Part
If an offence under this Part appears to have been committed for the purpose of exploitation, the person committing it shall be charged with the appropriate offence under the Counter Trafficking in Persons Act.
Section 266A. Offences Under Part Section Where it appears that any of the offences specified under this Part is committed for the purpose of exploitation, the person committing the offence shall be charged with the appropriate offence as specified in the Counter Trafficking in Persons Act.[No. 8 of 2010, 2nd Sch.] - 267 Verify source ↗
267. Things capable of being stolen
Section 267 lists categories of things that are "capable of being stolen," including movable inanimate things, certain inanimate things when made movable, tame animals, particular wild animals in confinement or pursued after escape, products of animals, and information.
Section 267. Things capable of being stolen Section 267(1) Every inanimate thing whatever which is the property of any person, and which is movable, is capable of being stolen. Section 267(2) Every inanimate thing which is the property of any person, and which is capable of being made movable, is capable of being stolen as soon as it becomes movable, although it is made movable in order to steal it. Section 267(3) Every tame animal, whether tame by nature or wild by nature and subsequently tamed, which is the property of any person is capable of being stolen. Section 267(4) Animals wild by nature, of a kind which is not ordinarily found in a condition of natural liberty in Kenya, which are the property of any person, and which are usually kept in a state of confinement, are capable of being stolen, whether they are actually in confinement or have escaped from confinement. Section 267(5) Animals wild by nature, of a kind which is ordinarily found in a condition of natural liberty in Kenya, which are the property of any person, are capable of being stolen while they are in confinement, and while they are being actually pursued after escaping from confinement, but not at any other time. Section 267(6) An animal wild by nature is deemed to be in a state of confinement so long as it is in a den, cage, sty, tank or other small enclosure, or is otherwise so placed that it cannot escape and that its owner can take possession of it at pleasure. Section 267(7) Wild animals in the enjoyment of their natural liberty are not capable of being stolen, but their dead bodies are capable of being stolen. Section 267(8) Everything produced by or forming part of the body of an animal capable of being stolen is capable of being stolen. Section 267(9) Information is capable of being stolen.[ActNo. 8 of 2010, 2nd Sch.] - 268 Verify source ↗
268. Definition of stealing
Stealing is taking or converting another's property fraudulently and without a claim of right.
Section 268. Definition of stealing Section 268(1) A person who fraudulently and without claim of right takes anything capable of being stolen, or fraudulently converts to the use of any person, other than the general or special owner thereof, any property, is said to steal that thing or property. Section 268(2) A person who takes anything capable of being stolen or who converts any property is deemed to do so fraudulently if he does so with any of the following intents, that is to say— Section 268(2)(a) an intent permanently to deprive the general or special owner of the thing of it; Section 268(2)(b) an intent to use the thing as a pledge or security; Section 268(2)(c) an intent to part with it on a condition as to its return which the person taking or converting it may be unable to perform; Section 268(2)(d) an intent to deal with it in such a manner that it cannot be returned in the condition in which it was at the time of the taking or conversion; Section 268(2)(e) in the case of money, an intent to use it at the will of the person who takes or converts it, although he may intend afterwards to repay the amount to the owner; Section 268(3) When a thing stolen is converted, it is immaterial whether it is taken for the purpose of conversion, or whether it is at the time of the conversion in the possession of the person who converts it; and it is also immaterial that the person who converts the thing in question is the holder of a power of attorney for the disposition of it, or is otherwise authorized to dispose of it. Section 268(4) When a thing converted has been lost by the owner and found by the person who converts it, the conversion is not deemed to be fraudulent if at the time of the conversion the person taking or converting the thing does not know who is the owner, and believes on reasonable grounds that the owner cannot be discovered. Section 268(5) A person shall not be deemed to take a thing unless he moves the thing or causes it to move.[ActNo. 1 of 2009, Sixth Sch.] - 269 Verify source ↗
269. Special cases
Two special-case exemptions: (1) a factor or agent who pledges or gives a lien on entrusted goods or their title (within certain monetary limits and including amounts of bills or promissory notes accepted or made for the principal) is not guilty of theft for that dealing; (2) a servant who, against orders, takes food from the master's possession to give to the master's animal is not guilty of theft for that taking.
Section 269. Special cases Section 269(1) When a factor or agent pledges or gives a lien on any goods or document of title to goods entrusted to him for the purpose of sale or otherwise for any sum of money not greater than the amount due to him from his principal at the time of pledging or giving the lien, together with the amount of any bill of exchange or promissory note accepted or made by him for or on account of his principal, such dealing with the goods or document of title is not deemed to be theft. Section 269(2) When a servant, contrary to his master’s orders, takes from his possession any food in order that it may be given to an animal belonging to or in the possession of his master, such taking is not deemed to be theft. - 270 Verify source ↗
270. Funds, etc., held under direction
Money or proceeds received under a direction are treated as the property of the person who supplied the money, security or power of attorney until the direction is complied with.
Section 270. Funds, etc., held under direction Section When a person receives, either alone or jointly with another person, any money or valuable security or a power of attorney for the sale, mortgage, pledge or other disposition of any property, whether capable of being stolen or not, with a direction in either case that such money or any part thereof, or any other money received in exchange for it, or any part thereof, or the proceeds or any part of the proceeds of such security, or of such mortgage, pledge or other disposition, shall be applied to any purpose or paid to any person specified in the direction, such money and proceeds are deemed to be the property of the person from whom the money, security or power of attorney was received until the direction has been complied with. - 271 Verify source ↗
271. Funds, etc., received by agents for sale
Proceeds and things received in exchange are treated as the property of the person who supplied the original property until disposed according to the sale terms, except where the terms treat proceeds as a debtor-creditor account.
Section 271. Funds, etc., received by agents for sale Section When a person receives, either alone or jointly with another person, any property from another on terms authorizing or requiring him to sell it or otherwise dispose of it, and requiring him to pay or account for the proceeds of the property, or any part of such proceeds, or to deliver anything received in exchange for the property, to the person from whom it is received or some other person, then the proceeds of the property, and anything so received in exchange for it, are deemed to be the property of the person from whom the property was so received, until they have been disposed of in accordance with the terms on which the property was received, unless it is a part of those terms that proceeds, if any, shall form an item in a debtor and creditor account between him and the person to whom he is to pay them or account for them and that the relation of debtor and creditor only shall exist between them in respect thereof. - 272 Verify source ↗
272. Money received for another
If a person receives money on behalf of another, that money is treated as the property of the person on whose behalf it was received, unless it was received as part of a debtor-creditor account relationship.
Section 272. Money received for another Section When a person receives, either alone or jointly with another person, any money on behalf of another, the money is deemed to be the property of the person on whose behalf it is received, unless the money is received on the terms that it shall form an item in a debtor and creditor account, and that the relation of debtor and creditor only shall exist between the parties in respect of it. - 273 Verify source ↗
273. Theft by person having an interest in the thing stolen
If any person takes or converts something capable of being stolen under circumstances amounting to theft, it does not matter that they have a special property or interest in it, are owner subject to another's interest, are a lessee, are a joint owner, or are a director or officer of a corporate owner.
Section 273. Theft by person having an interest in the thing stolen Section When any person takes or converts anything capable of being stolen, under such circumstances as would otherwise amount to theft, it is immaterial that he himself has a special property or interest therein, or that he himself is the owner of the thing taken or converted subject to some special property or interest of some other person therein, or that he is lessee of the thing, or that he himself is one of two or more joint owners of the thing, or that he is a director or officer of a corporation or company or society who are the owners of it. - 274 Verify source ↗
274. Husband and wife
A person who causes a spouse to deal with property of the other spouse in a way that would be theft if they were not married is deemed to have stolen it and may be charged with theft.
Section 274. Husband and wife Section A person who, while a man and his wife are living together, procures either of them to deal with anything which is, to his knowledge, the property of the other in a manner which would be theft if they were not married, is deemed to have stolen the thing, and may be charged with theft. - 275 Verify source ↗
275. General punishment for theft
Anyone who steals anything capable of being stolen commits the offence of theft and is liable to imprisonment for three years, unless a different punishment applies because of the circumstances or nature of the thing stolen.
Section 275. General punishment for theft Section Any person who steals anything capable of being stolen is guilty of the felony termed theft and is liable, unless owing to the circumstances of the theft or the nature of the thing stolen some other punishment is provided, to imprisonment for three years. - 276 Verify source ↗
276. Stealing wills
If a testamentary instrument is stolen, the offender is liable to imprisonment for ten years.
Section 276. Stealing wills Section If the thing stolen is a testamentary instrument, whether the testator is living or dead, the offender is liable to imprisonment for ten years. - 277 Verify source ↗
277. Stealing postal matter, etc.
Stealing postal matter (or chattel, money or valuable security contained in postal matter) makes the offender liable to imprisonment for ten years.
Section 277. Stealing postal matter, etc. Section If the thing stolen is postal matter or any chattel, money or valuable security contained in any postal matter, the offender is liable to imprisonment for ten years. - 278 Verify source ↗
278. Stealing stock
Stealing specified stock (certain livestock or their young) makes the offender liable to imprisonment for up to fourteen years.
Section 278. Stealing stock Section If the thing stolen is any of the following things, that is to say, a horse, mare, gelding, ass, mule, camel, ostrich, bull, cow, ox, ram, ewe, wether, goat or pig, or the young thereof the offender is liable to imprisonment for a period not exceeding fourteen years.[ActNo. 22 of 1987.] - 278A Verify source ↗
278A. Stealing motor vehicle
If the stolen thing is a motor vehicle, the offender is liable to imprisonment for seven years.
Section 278A. Stealing motor vehicle Section If the thing stolen is a motor vehicle within the meaning of the Traffic Act (Cap. 403), the offender is liable to imprisonment for seven years.[ActNo. 24 of 1967, s. 8.] - 278B Verify source ↗
278B. Stealing fishing gear
If the thing stolen is fishing gear (as defined in the Fisheries Management and Development Act (Cap. 378)), the offender is liable to imprisonment for five years.
Section 278B. Stealing fishing gear Section If the thing stolen is fishing gear within the meaning of the Fisheries Management and Development Act (Cap. 378), the offender is liable to imprisonment for five years.[ActNo. 24 of 1968, s. 15.] - 279 Verify source ↗
279. Stealing from the person; stealing goods in transit, etc.
Stealing from the person; stealing goods in transit, etc.
Section 279. Stealing from the person; stealing goods in transit, etc. Section if the thing is stolen from the person of another; - 280 Verify source ↗
280. Stealing by persons in the public service
A person employed in the public service who steals Government property (or property obtained through their employment) is liable to seven years' imprisonment.
Section 280. Stealing by persons in the public service Section If the offender is a person employed in the public service and the thing stolen is the property of the Government, or came into the possession of the offender by virtue of his employment, he is liable to imprisonment for seven years.[ActNo. 53 of 1952, Sch., ActNo. 24 of 1967, Sch., ActNo. 5 of 2003, s. 51.] - 281 Verify source ↗
281. Stealing by clerks and servants
If the offender is a clerk or servant and the stolen thing is employer's property or came into the offender's possession on account of the employer, the offender is liable to imprisonment for seven years.
Section 281. Stealing by clerks and servants Section If the offender is a clerk or servant, and the thing stolen is the property of his employer, or came into the possession of the offender on account of his employer, he is liable to imprisonment for seven years. - 282 Verify source ↗
282. Stealing by directors or officers of companies
Directors or officers who steal company property face up to seven years' imprisonment.
Section 282. Stealing by directors or officers of companies Section If the offender is a director or officer of a corporation or company, and the thing stolen is the property of the corporation or company, he is liable to imprisonment for seven years. - 283 Verify source ↗
283. Stealing by agents, etc.
Agents (offenders) must not steal property received by them under a power of attorney for its disposition.
Section 283. Stealing by agents, etc. Section property which has been received by the offender with a power of attorney for the disposition thereof; - 284 Verify source ↗
284. Stealing by tenants or lodgers
If a tenant or lodger steals a fixture or chattel let to them for use with the house or lodging and its value exceeds one hundred shillings, the offender is liable to imprisonment for seven years.
Section 284. Stealing by tenants or lodgers Section If the thing stolen is a fixture or chattel let to the offender to be used by him with a house or lodging, and its value exceeds one hundred shillings, he is liable to imprisonment for seven years. - 285 Verify source ↗
285. Stealing after previous conviction
An offender who, before committing theft, had previously been convicted of a theft under sections 275 to 284 is liable to imprisonment for seven years.
Section 285. Stealing after previous conviction Section If the offender, before committing the theft, had been convicted of a theft punishable under any ofsections 275to 284 inclusive, he is liable to imprisonment for seven years. - 286 Verify source ↗
286. Concealing registers
Any person who, with intent to defraud, conceals or removes from its place of deposit a register (or copy) required by law for recording titles or vital events is guilty of a felony and liable to ten years' imprisonment.
Section 286. Concealing registers Section Any person who, with intent to defraud, conceals or takes from its place of deposit any register which is authorized or required by law to be kept for authenticating or recording the title to any property, or for recording births, baptisms, marriages, deaths or burials, or a copy of any part of any such register which is required by law to be sent to any public office, is guilty of a felony and is liable to imprisonment for ten years. - 287 Verify source ↗
287. Concealing wills
Any person who, with intent to defraud, conceals any testamentary instrument, whether the testator is living or dead, must not do so; the offender is guilty of a felony and liable to imprisonment for seven years.
Section 287. Concealing wills Section Any person who, with intent to defraud, conceals any testamentary instrument, whether the testator is living or dead is guilty of a felony and is liable to imprisonment for seven years. - 288 Verify source ↗
288. Concealing deeds
Any person who, with intent to defraud, conceals in whole or in part any document evidencing title to land or an estate in land commits a felony and may be imprisoned for three years.
Section 288. Concealing deeds Section Any person who, with intent to defraud, conceals the whole or part of any document which is evidence of title to any land or estate in land, is guilty of a felony and is liable to imprisonment for three years. - 289 Verify source ↗
289. Killing animals with intent to steal
Anyone who kills an animal capable of being stolen with intent to steal the skin or carcass (or part of them) commits an offence and is liable to the same punishment as for stealing the animal.
Section 289. Killing animals with intent to steal Section Any person who kills any animal capable of being stolen with intent to steal the skin or carcass, or any part of the skin or carcass, is guilty of an offence and is liable to the same punishment as if he had stolen the animal. - 290 Verify source ↗
290. Severing with intent to steal
Anyone who makes something movable with the intent to steal it commits an offence and faces the same punishment as if they had stolen it after it became movable.
Section 290. Severing with intent to steal Section Any person who makes anything movable with intent to steal it is guilty of an offence and is liable to the same punishment as if he had stolen the thing after it had become movable. - 291 Verify source ↗
291. Fraudulent disposition of mortgaged goods
A mortgagor who removes or disposes of mortgaged goods without the mortgagee's consent and with intent to defraud commits a misdemeanour.
Section 291. Fraudulent disposition of mortgaged goods Section 291(1) Any person who, being the mortgagor of mortgaged goods, removes or disposes of the goods without the consent of the mortgagee, and with intent to defraud, is guilty of a misdemeanour. Section 291(2) In this section, "mortgaged goods" includes any goods and chattels of any kind, and any animals, and any progeny of any animals, and any crops or produce of the soil, whether growing or severed, which are subject for the time being, by virtue of any instrument or any written law, to a valid charge or lien by way of security for any debt or obligation.[L.N. 236/1964.] - 292 Verify source ↗
292. Fraudulently dealing with minerals in mines
Anyone who takes, conceals or disposes of ore, metal or mineral in or about a mine with intent to defraud is committing a felony and may be imprisoned for five years.
Section 292. Fraudulently dealing with minerals in mines Section Any person who takes, conceals or otherwise disposes of any ore or any metal or mineral in or about a mine, with intent to defraud any person, is guilty of a felony and is liable to imprisonment for five years. - 293 Verify source ↗
293. Fraudulent appropriation of power
It is an offence for any person to fraudulently abstract or divert another person's mechanical, illuminating or electrical power for their own or someone else's use; the offence is a felony punishable by imprisonment for five years.
Section 293. Fraudulent appropriation of power Section Any person who fraudulently abstracts or diverts to his own use or to the use of any other person any mechanical, illuminating or electrical power derived from any machine, apparatus or substance, the property of another person, is guilty of a felony and is liable to imprisonment for five years. - 294 Verify source ↗
294. Unlawful use of vehicles, animals, etc.
Prohibits any person from unlawfully taking or converting draught or riding animals, vehicles, cycles or vessels for personal or another's use; the offence is a misdemeanour punishable by up to six months imprisonment or a fine of three thousand shillings, or both.
Section 294. Unlawful use of vehicles, animals, etc. Section Any person who unlawfully and without colour of right, but not so as to be guilty of stealing, takes or converts to his own use or to the use of any other person any draught or riding animal or any vehicle or cycle, however propelled, or any vessel, is guilty of a misdemeanour and is liable to imprisonment for six months or to a fine of three thousand shillings or to both.[ActNo. 24 of 1967, Sch.] - 295 Verify source ↗
295. Definition of robbery
Robbery is when a person steals something and uses or threatens actual violence to obtain or keep it or to prevent resistance.
Section 295. Definition of robbery Section Any person who steals anything, and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to any person or property in order to obtain or retain the thing stolen or to prevent or overcome resistance to its being stolen or retained, is guilty of the felony termed robbery. - 296 Verify source ↗
296. Punishment of robbery
Anyone who commits robbery is liable to 14 years' imprisonment; if the offender is armed, in company, or uses or inflicts personal violence at or around the time of the robbery, the offender shall be sentenced to death.
Section 296. Punishment of robbery Section 296(1) Any person who commits the felony of robbery is liable to imprisonment for fourteen years. Section 296(2) If the offender is armed with any dangerous or offensive weapon or instrument, or is in company with one or more other person or persons, or if, at or immediately before or immediately after the time of the robbery, he wounds, beats, strikes or uses any other personal violence to any person, he shall be sentenced to death.[ActNo. 24 of 1967, Sch., ActNo. 3 of 1969, First Sch., Act No. 25. of 1971, s. 3, ActNo. 1 of 1973, s. 2, ActNo. 9 of 1976, s. 2.] - 297 Verify source ↗
297. Attempted robbery
Defines attempted robbery: a person who assaults another with intent to steal and uses or threatens violence is guilty of a felony punishable by seven years' imprisonment; aggravated circumstances can attract the death penalty.
Section 297. Attempted robbery Section 297(1) Any person who assaults any person with intent to steal anything, and, at or immediately before or immediately after the time of the assault, uses or threatensto use actual violence to any person or property in order to obtain the thing intended to be stolen, or to prevent or overcome resistance to its being stolen, is guilty of a felony and is liable to imprisonment for seven years. Section 297(2) If the offender is armed with any dangerous or offensive weapon or instrument, or is in company with one or more other person or persons, or if, at or immediately before or immediately after the time of the assault, he wounds, beats, strikes or uses any other personal violence to any person, he shall be sentenced to death.[ActNo. 3 of 1969, First Sch., ActNo. 25 of 1971, s. 3, ActNo. 1 of 1973, s. 3, ActNo. 9 of 1976, s. 3.] - 298 Verify source ↗
298. Assault with intent to steal
Anyone who assaults another person intending to steal anything commits a felony and is liable to imprisonment for five years.
Section 298. Assault with intent to steal Section Any person who assaults any person with intent to steal anything is guilty of a felony and is liable to imprisonment for five years.[ActNo. 3 of 1969, First Sch., ActNo. 25 of 1971, s. 3, ActNo. 1 of 1973, s. 3, ActNo. 9 of 1976, s. 3, ActNo. 5 of 2003, s. 53.] - 299 Verify source ↗
299. Demanding property by written threats
Any person who, intending to extort or gain and knowing the contents, sends a writing demanding something with threats and without reasonable cause is guilty of a felony punishable by up to fourteen years' imprisonment.
Section 299. Demanding property by written threats Section Any person who, with intent to extort or gain anything from any person, and knowing the contents of the writing, causes any person to receive any writing demanding anything from any person without reasonable or probable cause, and containing threats of any injury or detriment of any kind to be caused to any person, either by the offender or any other person, if the demand is not complied with, is guilty of a felony and is liable to imprisonment for fourteen years. - 300 Verify source ↗
300. Attempts at extortion by threats
Anyone who, with intent to extort or gain, accuses or threatens to accuse, threatens another will be accused, or causes a writing containing such accusation or threat to be received is guilty; punishable by up to 14 years in specified serious cases and 3 years in other cases.
Section 300. Attempts at extortion by threats Section 300(1) Any person who, with intent to extort or gain anything from any person— Section 300(1)(a) accuses or threatens to accuse any person of committing any felony or misdemeanour, or of offering or making any solicitation or threat to any person as an inducement to commit or permit the commission of any felony or misdemeanour; or Section 300(1)(b) threatens that any person shall be accused by any other person of any felony or misdemeanour, or of any such act; or Section 300(1)(c) knowing the contents of the writing, causes any person to receive any writing containing any such accusation or threat as aforesaid, is guilty of a felony, and if the accusation or threat of accusation is of— Section 300(1)(c) an offence for which the punishment of death or imprisonment for life may be inflicted; or Section 300(1)(c)(i) an offence for which the punishment of death or imprisonment for life may be inflicted; or Section 300(1)(c)(ii) any of the offences defined in Chapter XV, or an attempt to commit any of such offences; or Section 300(1)(c)(iii) an assault with intent to have carnal knowledge of any person against the order of nature, or an unlawful and indecent assault upon a male person; or Section 300(1)(c)(iv) a solicitation or threat offered or made to any person as an inducement to commit or permit the commission of any of the offences aforesaid, the offender is liable to imprisonment for fourteen years; and in any other case the offender is liable to imprisonment for three years. Section 300(2) It is immaterial whether the person accused or threatened to be accused has or has not committed the offence or act of which he is accused or threatened to be accused. - 301 Verify source ↗
301. Procuring execution of deeds, etc., by threats
Procuring execution of deeds, etc., by threats
Section 301. Procuring execution of deeds, etc., by threats Section to execute, make, accept, endorse, alter or destroy the whole or any part of any valuable security; or - 302 Verify source ↗
302. Demanding property with menaces
Demanding another person's valuable property with menaces or force, with intent to steal, is a felony punishable by up to ten years' imprisonment.
Section 302. Demanding property with menaces Section Any person who, with intent to steal any valuable thing, demands it from any person with menaces or force is guilty of a felony and is liable to imprisonment for ten years.[ActNo. 53 of 1952, Sch.] - 312 Verify source ↗
312. Definition of false pretence
Defines "false pretence" as any representation of fact, by words, writing or conduct, about past or present facts that is false and known or believed by the maker to be false.
Section 312. Definition of false pretence Section 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. - 313 Verify source ↗
313. Obtaining by false pretences
A person who, by false pretence and with intent to defraud, obtains or induces delivery of anything capable of being stolen is guilty of a misdemeanour and liable to imprisonment for three years.
Section 313. Obtaining by false pretences Section 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.[ActNo. 54 of 1960, s. 31, ActNo. 24 of 1967, Sch.] - 314 Verify source ↗
314. Obtaining execution of a security by false pretences
Anyone who, by false pretence and with intent to defraud, induces another to execute, alter or otherwise deal with a valuable security is guilty of a misdemeanour and liable to imprisonment for three years.
Section 314. Obtaining execution of a security by false pretences Section 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 afterwards made or converted into or used or dealt with as a valuable security, is guilty of a misdemeanour and is liable to imprisonment for three years. - 315 Verify source ↗
315. Cheating
Cheating: any person who, by a fraudulent trick or device, obtains or induces delivery of property or money to a greater extent than would have been given, is guilty of a misdemeanour punishable by up to three years' imprisonment.
Section 315. Cheating Section 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 quantity of goods than he would have paid or delivered but for such trick or device, is guilty of a misdemeanour and is liable to imprisonment for three years. - 316 Verify source ↗
316. Obtaining credit, etc., by false pretences
A person obtains credit by false pretence or by other fraud when incurring a debt or liability.
Section 316. Obtaining credit, etc., by false pretences Section in incurring any debt or liability, obtains credit by any false pretence or by means of any other fraud; or - 316A Verify source ↗
316A. Bad cheques
It is a misdemeanour for any person to draw or issue a cheque when the account lacks funds, has been closed, or has been instructed not to honour the cheque; assisting by fraud is also a misdemeanour; penalty: fine up to fifty thousand shillings or up to one year imprisonment, or both.
Section 316A. Bad cheques Section 316A(1) Any person who draws or issues a cheque on an account is guilty of a misdemeanour if the person— Section 316A(1)(a) knows that the account has insufficient funds; Section 316A(1)(b) knows that the account has been closed; or Section 316A(1)(c) has previously instructed the bank or other institution at which the account is held not to honour the cheque. Section 316A(2) Subsection (1)(a) does not apply with respect to a post-dated cheque. Section 316A(3) Any person who, by deceit or any other fraudulent means, assists a person to obtain anything on the basis of a cheque drawn or issued in the circumstances described in subsection (1) is guilty of a misdemeanour. Section 316A(4) A person who is guilty of a misdemeanour under this section is liable to a fine not exceeding fifty thousand shillings, or to imprisonment for term not exceeding one year, or to both.[ActNo. 42 of 1951, s. 13.] - 316B Verify source ↗
316B. Certain felonies by banks or other institutions
Banks or other institutions commit felonies by (a) holding unsettled cheques to conceal their financial position, (b) assisting others to obtain money or credit based on such cheques, or (c) facilitating transfers to holders of false cheques; conviction carries a fine not exceeding five hundred thousand shillings.
Section 316B. Certain felonies by banks or other institutions Section 316B(1) A bank or other institution is guilty of a felony if it— Section 316B(1)(a) with intent to conceal its true financial position, holds a cheque or similar instrument that cannot be settled for the amount due thereon; Section 316B(1)(b) assists a person to obtain money or credit on the basis of a cheque drawn or issued in the circumstances described insection 316A(1); or Section 316B(1)(c) with intent to defraud, facilitates the transfer of money to the holder of a false cheque or other instrument. Section 316B(2) A bank or other institution that is guilty of a felony under subsection (1) is liable to a fine not exceeding five hundred thousand shillings.[ActNo. 4 of 2004, s. 62.] - 317 Verify source ↗
317. Conspiracy to defraud
It is a misdemeanour for any person to conspire by deceit or fraud to affect market prices, defraud the public or extort property; the offence carries up to three years' imprisonment.
Section 317. Conspiracy to defraud Section 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 imprisonment for three years. - 318 Verify source ↗
318. Frauds on sale or mortgage of property
Concealing from the purchaser or mortgagee any instrument material to the title, or any encumbrance, is addressed by this section.
Section 318. Frauds on sale or mortgage of property Section conceals from the purchaser or mortgagee any instrument material to the title, or any encumbrance; or - 319 Verify source ↗
319. Fortune-telling
Makes it an offence for any person who, for gain or reward, undertakes to tell fortunes or pretends by occult skill to locate stolen or lost items.
Section 319. Fortune-telling Section 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. - 320 Verify source ↗
320. Obtaining registration, etc., by false pretence
It is a misdemeanour punishable by up to one year imprisonment for any person who wilfully obtains or attempts to obtain any registration, licence or certificate under any law by false pretence.
Section 320. Obtaining registration, etc., by false pretence Section 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. - 321 Verify source ↗
321. False declaration for passport
It is an offence for any person to knowingly make an untrue statement to procure a passport.
Section 321. False declaration for passport Section 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. - 322 Verify source ↗
322. Handling stolen goods
It is an offence for a person, knowing or having reason to believe goods are stolen, to dishonestly receive, retain, assist in, arrange for their retention, removal, disposal or realization (not in the course of stealing); such handling is a felony punishable by up to fourteen years' imprisonment with hard labour.
Section 322. Handling stolen goods Section 322(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 benefit of another person, or if he arranges to do so. Section 322(2) A person who handles stolen goods is guilty of a felony and is liable to imprisonment with hard labour for a term not exceeding fourteen years. Section 322(3) For the purposes of this section— Section 322(3)(a) goods shall be deemed to be stolen goods if they have been obtained in any way whatever under circumstances which amount to felony or misdemeanour, and "steal" means so to obtain; Section 322(3)(b) no goods shall be regarded as having continued to be stolen goods after they have been restored to the person from whom they were stolen or to other lawful possession or custody, or after that person and any other person claiming through him have otherwise ceased as regards those goods to have any right to restitution in respect of the stealing. Section 322(4) Where a person is charged with an offence under this section— Section 322(4)(a) it shall not be necessary to allege or prove that the person charged knew or ought to have known of the particular offence by reason of which any goods are deemed to be stolen goods; Section 322(4)(b) at any stage of the proceedings, if evidence has been given of the person charged having or arranging to have in his possession the goods the subject of the charge, or of his undertaking or assisting in, or arranging to undertake or assist in, their retention, removal, disposal or realization, the following evidence shall, notwithstanding the provisions of any other written law, be admissible for the purpose of proving that he knew or had reason to believe that the goods were stolen goods— Section 322(4)(b) evidence that he has had in his possession, or has undertaken or assisted in the retention, removal, disposal or realization of, stolen goods from any offence taking place not earlier than twelve months before the offence charged; Section 322(4)(b)(i) evidence that he has had in his possession, or has undertaken or assisted in the retention, removal, disposal or realization of, stolen goods from any offence taking place not earlier than twelve months before the offence charged; Section 322(4)(b)(ii) (provided that seven days’ notice in writing has been given to him of the intention to prove the conviction) evidence that he has within the five years preceding the date of the offence charged been convicted of stealing or of receiving or handling stolen goods. - 323 Verify source ↗
323. Person suspected of having or conveying stolen property
A person detained and charged with possession or conveyance of something reasonably suspected to be stolen who does not satisfactorily explain how they obtained it is guilty of a misdemeanour.
Section 323. Person suspected of having or conveying stolen property Section 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, and who does not give an account to the satisfaction of the court of how he came by the same, is guilty of a misdemeanour. - 324 Verify source ↗
324. Marking and possession of public stores
The Cabinet Secretary may issue Gazette notices directing marks to be applied to government and specified authority stores; persons found possessing marked stores suspected to be stolen who cannot satisfy the court are guilty of a misdemeanour, and similarly for stores of the disciplined forces.
Section 324. Marking and possession of public stores Section 324(1) The Cabinet Secretary may, by notice in theGazette, 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. Section 324(2) Any person who is charged with conveying or having in his possession, or keeping in any building or place, whether open or enclosed, any stores so marked, which may be reasonably suspected of having been stolen or unlawfully obtained, and who does not give an account to the satisfaction of the court how he came by the same, is guilty of a misdemeanour. Section 324(3) Any person conveying or having in his possession, or keeping in any building or place, whether open or enclosed, any stores being the property of the disciplined forces, which may reasonably be suspected of having been stolen or unlawfully obtained, and who does not give an account to the satisfaction of the court of how he came by the same, shall be guilty of a misdemeanour. Section 324(4) For the purposes of this section, "stores" includes all goods and chattels and any single store or article or part thereof, and "marks" includes any part of a mark.[ActNo. 3 of 1969, s. 5, ActNo. 4 of 1973, Sch., ActNo. 22 of 1987, Sch.] - 325 Verify source ↗
325. Tracing possession
Courts may summon and examine persons connected to possession of certain things; persons required to account may be guilty of an offence if they fail to give a satisfactory account within a reasonable time and face a fine up to 1,400 shillings or imprisonment up to six months.
Section 325. Tracing possession Section 325(1) If any person brought or appearing before a court undersection 323orsection 324declares 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 other person, and also any other person through whose possession any such thing shall previously have passed, to be brought before it. Section 325(2) Upon any such person as is mentioned in subsection (1) being brought before it, it shall be lawful for the court to examine him as to whether he has been in possession of any such thing as aforesaid, and upon his admitting such possession, or upon it being proved to the satisfaction of the court that such person has been in possession of any such thing, the court may call upon such person to give an account to the satisfaction of the court by what lawful means such person came by such thing, and if such person fails, within a reasonable time to be assigned by such court, to give such account, he is guilty of an offence and is liable to a fine not exceeding one thousand four hundred shillings or to imprisonment for a term not exceeding six months. Section 325(3) For the purposes of this section, the possession of a carrier, agent or servant shall be deemed to be the possession of the person who shall have employed such carrier, agent or servant to convey the same.[ActNo. 36 of 1962, Sch., ActNo. 24 of 1967, Sch.] - 326 Verify source ↗
326. Receiving goods stolen outside Kenya
Anyone who, without lawful excuse and knowing or having reason to believe property was stolen or obtained under culpable circumstances, receives or possesses that property outside Kenya is guilty of the corresponding offence and liable to seven years' imprisonment.
Section 326. Receiving goods stolen outside Kenya Section 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 in his possession any property so stolen or obtained outside Kenya, is guilty of an offence of the like degree (whether felony or misdemeanour) and is liable to imprisonment for seven years. - 327 Verify source ↗
327. Fraudulent disposal of trust property
A person who, as a trustee, destroys or improperly converts trust property with intent to defraud is guilty of a felony and liable to seven years' imprisonment.
Section 327. Fraudulent disposal of trust property Section 327(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. Section 327(2) For the purposes of this section, "trustee" includes the following persons and no others, that is to say— Section 327(2)(a) trustees upon express trusts created by a deed, will, or instrument in writing, whether for a public or private or charitable purpose; Section 327(2)(b) trustees appointed by or under the authority of any written law for any such purpose; Section 327(2)(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; Section 327(2)(d) executors, including executors de son tort and administrators; Section 327(2)(e) managers appointed under the authority of the Mental Treatment Act (Cap. 248); Section 327(2)(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. - 328 Verify source ↗
328. Fraudulent appropriation or accounting by directors or officers
Directors or officers who, as such, receive company property not as payment of a just debt and, intending to defraud, fail to record it properly in the company books may be liable for fraudulent appropriation or accounting.
Section 328. Fraudulent appropriation or accounting by directors or officers Section 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 thereof in the books and accounts of the corporation or company, or to cause or direct such an entry to be made therein; or - 329 Verify source ↗
329. False statements by officials of companies
Officials of companies must not make false statements intended to deceive or defraud any member, shareholder or creditor of the company.
Section 329. False statements by officials of companies Section to deceive or to defraud any member, shareholder or creditor of the corporation or company, whether a particular person or not; - 330 Verify source ↗
330. Fraudulent false accounting by clerk or servant
Describes conduct by a "clerk or servant" who destroys, alters, mutilates or falsifies employer books, documents, securities or accounts, or is privy to such acts.
Section 330. Fraudulent false accounting by clerk or servant Section destroys, alters, mutilates or falsifies any book, document, valuable security or account which belongs to or is in the possession of his employer, or has been received by him on account of his employer, or any entry in any such book, document or account, or is privy to any such act; or - 331 Verify source ↗
331. False accounting by public officer
A public officer who knowingly supplies false statements or returns about public money or property commits a felony.
Section 331. False accounting by public officer Section 331(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 possession or under his control, is guilty of a felony. Section 331(2) A person convicted of an offence under this section shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding ten years or to both.[ActNo. 42 of 1951, s. 15, L.N. 124/1964, ActNo. 24 of 1967, Sch.] - 345 Verify source ↗
345. Definition of forgery
Forgery means making a false document with intent to defraud or to deceive.
Section 345. Definition of forgery Section Forgery is the making of a false document with intent to defraud or to deceive. - 346 Verify source ↗
346. Document
"Document" is defined to exclude trade marks and other signs used with articles of commerce, even if written, printed, or electronic.
Section 346. Document Section 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.[ActNo. 54 of 1960, s. 32, ActNo. 24 of 1967, Sch., L.N. 280/1967.] - 347 Verify source ↗
347. Making a false document
Prohibits making a false document that purports to be something it is not.
Section 347. Making a false document Section makes a document purporting to be what in fact it is not; or - 348 Verify source ↗
348. Intent to defraud
The law presumes an intent to defraud exists if, when a false document was made, there was a specific person capable of being defrauded, unless that presumption is rebutted by proof the offender tried (or intended) to prevent the fraud or believed they had a right to the thing sought.
Section 348. Intent to defraud Section 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 measures to prevent such person from being defrauded in fact, nor by the fact that he had or thought he had a right to the thing to be obtained by the false document. - 332 Verify source ↗
332. Arson
Section 332. Arson Section any building or structure whatever, whether completed or not; or
Section 332. Arson Section any building or structure whatever, whether completed or not; or - 333 Verify source ↗
333. Attempts to commit arson
Attempts unlawfully to set fire to any such thing as is mentioned in section 332.
Section 333. Attempts to commit arson Section attempts unlawfully to set fire to any such thing as is mentioned insection 332; or - 334 Verify source ↗
334. Setting fire to crops, etc.
Section 334. Setting fire to crops, etc.
Section 334. Setting fire to crops, etc. Section a crop of cultivated produce, whether standing, picked or cut; or - 335 Verify source ↗
335. Attempting to set fire to crops, etc
Makes it an offence to unlawfully attempt to set fire to, cut down, destroy, or seriously or permanently injure crops or other things mentioned in section 334.
Section 335. Attempting to set fire to crops, etc Section attempts unlawfully to set fire to, cut down, destroy or seriously or permanently injure any such thing as is mentioned insection 334; or - 336 Verify source ↗
336. Casting away vessels
wilfully and unlawfully casts away or destroys any vessel, whether completed or not
Section 336. Casting away vessels Section wilfully and unlawfully casts away or destroys any vessel, whether completed or not; or - 337 Verify source ↗
337. Attempts to cast away vessels
Any person who unlawfully attempts to cast away or destroy a vessel, or to cause the immediate loss or destruction of a vessel in distress, commits a felony and is liable to imprisonment for seven years.
Section 337. Attempts to cast away vessels Section 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. - 338 Verify source ↗
338. Injuring animals
Any person who wilfully and unlawfully kills, maims or wounds an animal capable of being stolen is guilty of a felony and liable to imprisonment (14 years for animals referred to in section 278; 3 years otherwise).
Section 338. Injuring animals Section 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 insection 278, to imprisonment for fourteen years, and, in any other case, to imprisonment for three years.[ActNo. 53 of 1952, s. 7.] - 339 Verify source ↗
339. Malicious injuries to property
Wilfully and unlawfully destroying or damaging property is an offence; basic penalty is imprisonment for five years, with heavier penalties (including life imprisonment) for specified types of property or circumstances.
Section 339. Malicious injuries to property Section 339(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. Section 339(2) If the property in question is a dwelling-house or a vessel, and the injury is caused by the explosion of any explosive substance, and if— Section 339(2)(a) any person is in the dwelling-house or vessel; or Section 339(2)(b) the destruction or damage actually endangers the life of any person, the offender is guilty of a felony and is liable to imprisonment for life. Section 339(3) If the property in question— Section 339(3)(a) is a bank or wall of a river, canal, aqueduct, reservoir or inland water, or a work which appertains to a dock, reservoir or inland water, and the injury causes actual danger of inundation or damage to any land or building; or Section 339(3)(b) is a railway or is a bridge, viaduct or aqueduct which is constructed over a highway, railway or canal, or over which a railway, highway or canal passes, and the property is destroyed; or Section 339(3)(c) being a railway, or being a bridge, viaduct or aqueduct, is damaged, and the damage is done with intent to render the railway, bridge, viaduct or aqueduct, or the highway, railway or canal passing over or under the same, or any part thereof, dangerous or impassable, and the same or any part thereof is thereby rendered dangerous or impassable, the offender is guilty of a felony and is liable to imprisonment for life. Section 339(4) If the property in question is a testamentary instrument, whether the testator is living or dead, or a register which is authorized or required by law to be kept for authenticating or recording the title to any property, or for recording births, baptisms, marriages, deaths or burials, or a copy of any part of any such register which is required by law to be sent to any public officer, the offender is guilty of a felony and is liable to imprisonment for fourteen years. Section 339(5) If the property in question is a vessel in distress or wrecked, or stranded, or anything which belongs to that vessel, the offender is guilty of a felony and is liable to imprisonment for seven years. Section 339(6) If the property in question is any part of a railway or any work connected with a railway, the offender is guilty of a felony and is liable to imprisonment for fourteen years. Section 339(7) If the property in question— Section 339(7)(a) being a vessel, whether completed or not, is destroyed; or Section 339(7)(b) being a vessel, whether completed or not, is damaged, and the damage is done with intent to destroy it or render it useless; or Section 339(7)(c) is a light, beacon, buoy, mark or signal used for the purposes of navigation, or for the guidance of persons engaged in navigation; or Section 339(7)(d) is a bank or wall of a river, canal, aqueduct, reservoir or inland water, or a work which appertains to a dock, canal, aqueduct, reservoir or inland water, or which is used for the purposes of lading or unlading goods; or Section 339(7)(e) being a railway, or being a bridge, viaduct or aqueduct which is constructed over a highway, railway or canal, or over which a highway, railway or canal passes, is damaged, and the damage is done with intent to render the railway, bridge, viaduct or aqueduct, or the highway, railway or canal passing over or under the same, or any part thereof, dangerous or impassable; or Section 339(7)(f) being anything in process of manufacture, or an agricultural or manufacturing machine, or a manufacturing implement, or a machine or appliance used or intended to be used for performing any process connected with the preparation of any agricultural or pastoral produce, is destroyed; or Section 339(7)(g) being any such thing, machine, implement or appliance as last aforesaid, is damaged, and the damage is done with intent to destroy the thing in question, or to render it useless; or Section 339(7)(h) is a shaft of a passage of a mine, and the injury is done with intent to damage the mine or to obstruct its working; or Section 339(7)(i) is a machine, appliance, apparatus, building, erection, bridge or road, appertaining to or used with a mine, whether the thing in question is completed or not; or Section 339(7)(j) being a rope, chain, or tackle of whatever material, which is used in a mine, or upon any way or work appertaining to or used with a mine, is destroyed; or Section 339(7)(k) being any such rope, chain or tackle, as last aforesaid, is damaged, and the damage is done with intent to destroy the thing in question or to render it useless; or Section 339(7)(l) is a well, or bore for water, or the dam, bank, wall or floodgate of a millpond or pool, the offender is guilty of a felony and is liable to imprisonment for ten years. Section 339(8) If the property in question is a document which is deposited or kept in a public office, or which is evidence of title to any land or estate in land, the offender is guilty of a felony and is liable to imprisonment for ten years.[ActNo. 53 of 1952, Sch.] - 340 Verify source ↗
340. Attempts to destroy property by explosives
Unlawfully placing an explosive substance anywhere with intent to destroy or damage property is a felony punishable by up to fourteen years' imprisonment.
Section 340. Attempts to destroy property by explosives Section 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. - 341 Verify source ↗
341. Communicating infectious diseases to animals
Any person who wilfully and unlawfully causes, or attempts to cause, an infectious disease to be communicated to animals capable of being stolen is guilty of a felony and liable to imprisonment for seven years.
Section 341. Communicating infectious diseases to animals Section 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. - 342 Verify source ↗
342. Penalties for damage, etc., to railway works
Section 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
Section 342. Penalties for damage, etc., to railway works Section 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 - 343 Verify source ↗
343. Sabotage
If the offence (sabotage) is committed with intent to endanger life, or with knowledge that it is likely to endanger life, the offender is liable to imprisonment for life.
Section 343. Sabotage Section if the offence is committed with intent to endanger life or with the knowledge that it is likely to endanger life, is liable to imprisonment for life; and - 344 Verify source ↗
344. Threats to burn, etc
Any person must not send or cause to be received letters or writings threatening to burn or destroy property or to kill, maim or wound cattle; the offence is a felony punishable by imprisonment for seven years.
Section 344. Threats to burn, etc Section 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 under any building or not, or any vessel, or to kill, maim or wound any cattle, is guilty of a felony and is liable to imprisonment for seven years. - 382 Verify source ↗
382. Personation in general
Prohibits any person from falsely representing themselves as another person with intent to defraud; such personation is a misdemeanour and, where done to obtain property by claiming entitlement by will or law, is punishable by up to seven years' imprisonment.
Section 382. Personation in general Section 382(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. Section 382(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 offence to obtain such property or possession thereof, he is liable to imprisonment for seven years. - 383 Verify source ↗
383. Falsely acknowledging deeds, recognizances, etc
Any person who, without lawful authority or excuse, falsely makes in another's name before an authorized court or person an acknowledgment of liability or of a deed/instrument is guilty of a misdemeanour.
Section 383. Falsely acknowledging deeds, recognizances, etc Section 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 guilty of a misdemeanour. - 384 Verify source ↗
384. Personation of a person named in a certificate
Anyone who utters a document issued to another person and falsely represents themselves as the person named in it commits an offence and faces the same punishment as for forging the document.
Section 384. Personation of a person named in a certificate Section 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, trade or business, or to be entitled to any right or privilege, or to enjoy any rank or status, and falsely represents himself to be the person named in the document, is guilty of an offence of the same kind and is liable to the same punishment as if he had forged the document. - 385 Verify source ↗
385. Lending, etc., certificate for personation
It is an offence for a person to sell, give or lend a document issued to them so another may pretend to be the person named in it; such conduct is a misdemeanour.
Section 385. Lending, etc., certificate for personation Section 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 entitled to any right or privilege, or to enjoy any rank or status, sells, gives or lends the document to another person with intent that that other person may represent himself to be the person named therein, is guilty of a misdemeanour. - 386 Verify source ↗
386. Personation of person named in testimonial
It is an offence for any person to utter a testimonial of character to obtain employment; punishable by up to one year imprisonment.
Section 386. Personation of person named in testimonial Section 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. - 387 Verify source ↗
387. Lending, etc., testimonial for personation
It is an offence for a person who has been given a document (as mentioned in section 386) to give, sell or lend that document to someone else intending that the other person use it to obtain employment.
Section 387. Lending, etc., testimonial for personation Section Any person who, being a person to whom any such document as is mentioned insection 386has 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. - 388 Verify source ↗
388. Attempt defined
Defines 'attempt' as when a person, intending to commit an offence, begins to put that intention into execution by means adapted to its fulfillment and manifests it by an overt act, but does not complete the offence.
Section 388. Attempt defined Section 388(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 offence. Section 388(2) It is immaterial, except so far as regards punishment, whether the offender does all that is necessary on his part for completing the commission of the offence, or whether the complete fulfillment of his intention is prevented by circumstances independent of his will, or whether he desists of his own motion from the further prosecution of his intention. Section 388(3) It is immaterial that by reason of circumstances not known to the offender it is impossible in fact to commit the offence. - 389 Verify source ↗
389. Attempts to commit offences
Anyone who attempts to commit a felony or misdemeanour is guilty of an offence and, unless another punishment is provided, is liable to half the punishment for the intended offence, except that if the offence attempted is punishable by death or life imprisonment the imprisonment for the attempt must not exceed seven years.
Section 389. Attempts to commit offences Section 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 not be liable to imprisonment for a term exceeding seven years.[ActNo. 10 of 1969, Sch.] - 390 Verify source ↗
390.[Repealed by ActNo. 10 of 1969, Sch.]
Section 390 has been repealed.
Section 390.[Repealed by ActNo. 10 of 1969, Sch.] - 391 Verify source ↗
391. Soliciting or inciting others to commit offence
Where the act or omission is proposed to occur outside Kenya, the punishment must not exceed the punishment that would have applied under the laws of the place where the act or omission was proposed.
Section 391. Soliciting or inciting others to commit offence Section if the act or omission is proposed to be done or made at a place not in Kenya, the punishment shall not exceed that which he would have incurred under the laws in force where the act or omission was proposed to be done or made, if he had himself attempted to do the proposed act or make the proposed omission; - 392 Verify source ↗
392. Neglect to prevent felony
If someone knows another plans or is committing a felony and fails to use all reasonable means to stop it, they are guilty of a misdemeanour.
Section 392. Neglect to prevent felony Section 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. - 349 Verify source ↗
349. General punishment for forgery
Any person who forges any document or electronic record is guilty of an offence and liable to imprisonment for three years unless another punishment is provided.
Section 349. General punishment for forgery Section 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.[ActNo. 1 of 2009, 6th Sch.] - 350 Verify source ↗
350. Forgery of wills, etc
Anyone who forges specified documents is guilty and faces life imprisonment; the court may order the forged document to be forfeited.
Section 350. Forgery of wills, etc Section 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. Section 350(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.[ActNo. 1 of 2009, 6th Sch.] - 351 Verify source ↗
351. Forgery of judicial or official document
Any person who forges any judicial or official document is liable to imprisonment for seven years.
Section 351. Forgery of judicial or official document Section Any person who forges any judicial or official document is liable to imprisonment for seven years. - 352 Verify source ↗
352. Forgery of, and other offences in relation to, stamps
Creates an offence of forging stamps used for revenue or accounting by any Government department.
Section 352. Forgery of, and other offences in relation to, stamps Section forges any stamp, whether impressed or adhesive, used for the purposes of revenue or accounting by any Government department; - 353 Verify source ↗
353. Uttering false documents
It is an offence for any person who knowingly and fraudulently utters a false document.
Section 353. Uttering false documents Section 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 Verify source ↗
354. Uttering cancelled or exhausted documents
Anyone who knowingly utters a revoked, cancelled, suspended or otherwise exhausted document or electronic record as if it were still valid commits an offence and is liable to the same punishment as for forgery.
Section 354. Uttering cancelled or exhausted documents Section 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.[L.N. 559/1962.] - 355 Verify source ↗
355. Procuring execution of documents by false pretences
Anyone who, by false and fraudulent representations about the nature, contents or operation of a document or electronic record, causes another to sign or execute it commits an offence and is liable to the same punishment as for forgery.
Section 355. Procuring execution of documents by false pretences Section 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.[L.N. 559/1962, ActNo. 1 of 2009, 6th Sch.] - 356 Verify source ↗
356. Altering crossings on cheques
Obliterating, adding to, or altering the crossing on a cheque is addressed.
Section 356. Altering crossings on cheques Section obliterates, adds to or alters the crossing on a cheque; or - 357 Verify source ↗
357. Making documents without authority Any person who, with intent to defraud or to deceive—
Any person who, with intent to defraud or deceive, without lawful authority makes, signs or executes a document or electronic record for or in the name of another person.
Section 357. Making documents without authority Any person who, with intent to defraud or to deceive— Section 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 - 358 Verify source ↗
358. Demanding property upon forged testamentary instruments
Anyone who obtains property or money through a probate or letters of administration based on a forged testamentary instrument or false evidence, knowing it to be forged or so obtained, commits an offence and is punishable as if they had forged the document.
Section 358. Demanding property upon forged testamentary instruments Section 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. - 359 Verify source ↗
359. Purchasing forged notes
Anyone who, without lawful authority or excuse, imports, purchases, receives, or possesses a forged bank or currency note knowing it to be forged commits a felony and is liable to seven years' imprisonment.
Section 359. Purchasing forged notes Section 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 imprisonment for seven years. - 360 Verify source ↗
360. Falsifying warrants for money payable under public authority
Public service employees who knowingly and with intent to defraud make out or deliver a false warrant for public money are guilty of a felony and liable to seven years' imprisonment.
Section 360. Falsifying warrants for money payable under public authority Section 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. - 361 Verify source ↗
361. Falsification of register
Anyone who has custody of a register or record and knowingly allows a materially false entry to be made is committing a felony and faces up to seven years' imprisonment.
Section 361. Falsification of register Section 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. - 362 Verify source ↗
362. Sending false certificate of marriage to registrar
Any person who signs or transmits a marriage certificate (or a document purporting to be one) that they know is false commits a felony and may be imprisoned for seven years.
Section 362. Sending false certificate of marriage to registrar Section 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 years. - 363 Verify source ↗
363. False statements for registers of births, deaths and marriages
Any person who knowingly makes a false statement to be inserted in a register of births, deaths or marriages commits a felony and may be imprisoned for three years.
Section 363. False statements for registers of births, deaths and marriages Section 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. - 364 Verify source ↗
364. Definitions
Defines "coin" and "counterfeit coin" for the Chapter.
Section 364. Definitions Section 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; and includes genuine coin prepared or altered so as to pass for coin of a higher denomination.[ActNo. 1 of 2009, 6th Sch.] - 365 Verify source ↗
365. Counterfeiting coin
Making or beginning to make counterfeit coin is a criminal offence punishable by life imprisonment.
Section 365. Counterfeiting coin Section Any person who makes or begins to make any counterfeit coin is guilty of a felony and is liable to imprisonment for life. - 366 Verify source ↗
366. Preparations for coining
Gilding or silvering a piece of metal of a fit size or figure with intent that it shall be coined into counterfeit coin.
Section 366. Preparations for coining Section 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
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