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obtaining by false pretence kenya penal code

Obtaining by False Pretence in Kenya

Table of Contents

1. Introduction

2. Obtaining by False Pretence under the Penal Code 2.1. Definition 2.2. Elements of the Offence 2.3. Examples of Obtaining by False Pretence 2.4. Defences 2.5. Penalties

3. Conclusion

Introduction

This response will address the offence of obtaining by false pretence in Kenya, as defined by the Penal Code. It will delve into the definition, elements, examples, defences, and penalties associated with this crime.

Obtaining by False Pretence under the Penal Code

2.1. Definition

The Penal Code defines obtaining by false pretence as the act of dishonestly inducing any person to deliver any property to any person, or to consent to any such disposition of any property, by any false pretence. This means that the offender must have intentionally misled the victim into believing something false, causing them to hand over property or consent to its disposal.

Source: Section 313 of the Penal Code, Cap 63, Laws of Kenya

2.2. Elements of the Offence

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

• False Pretence: The accused must have made a false representation or statement to the victim. This representation must be false in fact and known to be false by the accused.

• Dishonesty: The accused must have acted dishonestly with the intention of deceiving the victim.

• Inducement: The false pretence must have induced the victim to deliver property or consent to its disposition.

• Delivery or Consent: The victim must have actually delivered the property or consented to its disposition as a result of the false pretence.

• Property: The subject matter of the offence must be property, which includes any movable or immovable property, money, valuable securities, and other things of value.

Source: Section 313 of the Penal Code, Cap 63, Laws of Kenya

2.3. Examples of Obtaining by False Pretence

Here are some examples of acts that may constitute obtaining by false pretence:

• Impersonating a government official: An individual may falsely claim to be a government official and demand money from a victim under the pretence of a government program.

• Fraudulent sale of goods: A person may sell goods that are not as described or are defective, knowing that they are not as represented.

• False promises of investment returns: An individual may promise high returns on an investment, knowing that the investment is fraudulent.

• Using forged documents: A person may use forged documents, such as a fake ID or a forged cheque, to obtain property.

2.4. Defences

The accused may raise certain defences to the charge of obtaining by false pretence, including:

• Lack of intent: The accused may argue that they did not intend to deceive the victim or that they genuinely believed the false representation to be true.

• No inducement: The accused may argue that the false pretence did not induce the victim to deliver property or consent to its disposition.

• Consent: The accused may argue that the victim consented to the delivery of property or its disposition, even if they were aware of the false pretence.

2.5. Penalties

The penalty for obtaining by false pretence varies depending on the value of the property obtained. The maximum penalty is imprisonment for life, but the court may impose a lesser sentence depending on the circumstances of the case.

Source: Section 313 of the Penal Code, Cap 63, Laws of Kenya

Conclusion

Obtaining by false pretence is a serious criminal offence in Kenya. The prosecution must prove all the elements of the offence beyond a reasonable doubt to secure a conviction. The accused may raise certain defences, but the penalties for this crime can be severe. It is important to be aware of the risks associated with this offence and to take steps to protect oneself from becoming a victim.