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explain obtaining money through false pretences

Obtaining Money Through False Pretences in Kenya

Table of Contents

1. Introduction

2. Definition of Obtaining Money by False Pretences

3. Elements of the Offence 3.1. Deception 3.2. Intent to Defraud 3.3. Obtaining Property

4. Defences

5. Penalties

6. Conclusion

Introduction

This response will delve into the legal framework surrounding the offence of obtaining money by false pretences in Kenya. This offence is a serious crime that can result in significant penalties. Understanding the elements of this offence and the potential defences is crucial for both individuals and businesses to protect themselves from becoming victims or being accused of this crime.

Definition of Obtaining Money by False Pretences

Obtaining money by false pretences is a criminal offence in Kenya defined under Section 313 of the Penal Code. It occurs when a person, through deception, induces another person to give up property, including money, with the intention of permanently depriving the owner of that property.

Elements of the Offence

To establish the offence of obtaining money by false pretences, the prosecution must prove the following elements beyond a reasonable doubt:

3.1. Deception

Deception is a key element of this offence. It involves the accused making a false representation to the victim, either by words, conduct, or a combination of both. This false representation must be intended to induce the victim to part with their property.

• False Representation: The representation must be false, meaning it must be untrue or misleading. This can include:

  • Making a false statement: This could involve lying about one's identity, financial status, or the nature of a product or service.

  • Concealing a material fact: This could involve withholding information that would have changed the victim's decision to part with their property.

  • Creating a false impression: This could involve using misleading language or actions to create a false impression about a situation.

• Intention to Induce: The accused must have intended to induce the victim to part with their property by making the false representation. This intention can be inferred from the accused's actions and words.

3.2. Intent to Defraud

The accused must have intended to permanently deprive the victim of their property. This element requires proof that the accused had a dishonest intention to gain from the deception.

• Dishonest Intention: The accused must have acted with a dishonest intention to gain from the deception. This can be inferred from the accused's actions and words.

• Permanent Deprivation: The accused must have intended to permanently deprive the victim of their property. This means that the accused did not intend to return the property or compensate the victim for its loss.

3.3. Obtaining Property

The accused must have obtained property from the victim as a result of the deception. This property can include money, goods, or any other valuable item.

• Property: The property obtained must be something of value. This can include money, goods, or any other valuable item.

• Causation: The deception must have been the cause of the victim parting with their property. This means that the victim would not have given up their property if they had known the truth.

Defences

There are several potential defences that an accused person may raise in a case of obtaining money by false pretences. These include:

• Lack of Deception: The accused may argue that they did not make any false representations or that the representations they made were true.

• Lack of Intent to Defraud: The accused may argue that they did not intend to permanently deprive the victim of their property. They may claim that they intended to return the property or compensate the victim for its loss.

• Mistake of Fact: The accused may argue that they made a mistake of fact and did not know that the representations they made were false.

• Duress: The accused may argue that they were forced to commit the offence under duress, meaning they were threatened with harm if they did not comply.

Penalties

The penalties for obtaining money by false pretences in Kenya are severe. Under Section 313 of the Penal Code, the offence is punishable by imprisonment for a term not exceeding 14 years.

Conclusion

Obtaining money by false pretences is a serious criminal offence in Kenya. The prosecution must prove beyond a reasonable doubt that the accused made a false representation with the intention to defraud and that they obtained property as a result of the deception. The accused may raise several defences, but the penalties for this offence are significant. It is essential for individuals and businesses to be aware of this offence and to take steps to protect themselves from becoming victims or being accused of this crime.