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Obtaining Money Through False Pretences in Kenya

Obtaining money through false pretences is a serious criminal offense in Kenya. It involves intentionally deceiving another person into parting with their money or property by making false representations. This offense is codified under Section 313 of the Penal Code, Cap 63 of the Laws of Kenya.

1. Elements of the Offense

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

1.1. False Pretence

The prosecution must prove that the accused made a false representation of fact. This representation must be about a past or present fact, not a future promise or opinion. The representation must be false to the knowledge of the accused.

1.2. Intent to Defraud

The prosecution must prove that the accused intended to defraud the victim by making the false representation. This means that the accused intended to gain something for themselves or another person, or to cause a loss to the victim.

1.3. Obtaining Money or Property

The prosecution must prove that the accused obtained money or property from the victim as a result of the false representation. This means that the victim parted with their money or property because they believed the false representation.

2. Case Laws

Several Kenyan case laws have provided guidance on the elements of obtaining money through false pretences.

2.1. Republic v. Nanteza Agati (Criminal Appeal 33 of 2023) [2024] UGHCCRD 10 (15 February 2024)

In this case, the appellant was charged with obtaining money by false pretence contrary to Section 305 of the Penal Code Act. The prosecution alleged that the appellant had obtained money from the deceased by falsely representing that she was his wife and that he had promised to give her money. The court found that the prosecution had failed to prove that the appellant had made a false representation of fact. The court also found that the prosecution had failed to prove that the appellant had intended to defraud the deceased. The appellant was acquitted.

2.2. Nuwagira v. Uganda (Criminal Appeal No.8 of 2014) [2014] UGHCCRD 102 (2014)

This case involved the appellant being charged with obtaining money by false pretences. The prosecution alleged that the appellant had obtained money from the victim by falsely representing that he was a lawyer and that he could help the victim recover money from a debtor. The court found that the prosecution had failed to prove that the appellant had made a false representation of fact. The court also found that the prosecution had failed to prove that the appellant had intended to defraud the victim. The appellant was acquitted.

2.3. Chour Mohammed v. Uganda (Criminal Appeal No. 0123 of 2015) [2015] UGHCCRD 1 (2015)

In this case, the accused was found guilty of obtaining money by false pretences and forgery. The prosecution proved that the accused had obtained money from the victim by falsely representing that he had a contract to supply goods. The accused also forged documents to support his false representation. The accused was convicted and sentenced to prison.

3. Examples of Obtaining Money Through False Pretences

Here are some examples of obtaining money through false pretences in Kenya:

Fake Gold Scams: A person may falsely represent that they have gold for sale, when in fact they are selling fake gold.
Investment Scams: A person may falsely represent that they have a profitable investment opportunity, when in fact they are running a scam.
Loan Scams: A person may falsely represent that they are able to secure a loan for someone, when in fact they are not.
Charity Scams: A person may falsely represent that they are collecting donations for a charity, when in fact they are keeping the money for themselves.

4. Defences to Obtaining Money Through False Pretences

There are several defences that an accused person may raise to a charge of obtaining money through false pretences. These include:

No False Representation: The accused may argue that they did not make a false representation of fact.
No Intent to Defraud: The accused may argue that they did not intend to defraud the victim.
Honest Belief in the Truth of the Representation: The accused may argue that they honestly believed that the representation was true, even if it was false.
Lack of Reliance: The accused may argue that the victim did not rely on the false representation when they parted with their money or property.

5. Penalties for Obtaining Money Through False Pretences

The penalty for obtaining money through false pretences in Kenya is imprisonment for a term not exceeding 14 years. The court may also order the accused person to pay restitution to the victim.

6. Reporting Obtaining Money Through False Pretences

If you believe that you have been a victim of obtaining money through false pretences, you should report the crime to the police. You should also keep any evidence that you have, such as receipts, emails, or text messages.

7. Conclusion

Obtaining money through false pretences is a serious crime in Kenya. It is important to be aware of the elements of the offense and the potential penalties. If you believe that you have been a victim of this crime, you should report it to the police.

TLDR

Obtaining money through false pretences in Kenya involves intentionally deceiving someone into parting with their money or property by making false representations. The prosecution must prove the false representation, intent to defraud, and obtaining money or property. The penalty is imprisonment for up to 14 years and restitution to the victim.

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