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obtaining by false pretence kenya penal code
Introduction
In Kenya, the offense of obtaining by false pretence is a serious crime that is codified under the Penal Code, Chapter 63. This offense involves deceiving another person to gain some form of benefit, typically financial. The law aims to protect individuals and entities from fraudulent activities that can lead to significant financial losses and undermine trust in commercial and personal transactions.
Table of Contents
Definition of False Pretence
Legal Provisions under the Penal Code
Elements of the Offense
Penalties for Obtaining by False Pretence
Relevant Case Laws
Conclusion
TLDR
1. Definition of False Pretence
False pretence is defined under Section 312 of the Penal Code, Chapter 63 of the Laws of Kenya. It states:
"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."
This definition encompasses any form of deceit or misrepresentation that is intended to mislead another party.
2. Legal Provisions under the Penal Code
The offense of obtaining by false pretence is specifically addressed under Section 313 of the Penal Code, which states:
"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 misdemeanor and is liable to imprisonment for three years."
This provision criminalizes the act of obtaining property or inducing someone to deliver property through deceitful means.
3. Elements of the Offense
To secure a conviction for obtaining by false pretence, the prosecution must prove the following elements beyond a reasonable doubt:
False Representation: There must be a false representation of a fact, either past or present.
Knowledge of Falsity: The person making the representation must know that it is false or must not believe it to be true.
Intent to Defraud: The false representation must be made with the intent to defraud the victim.
Obtaining Property: The accused must have obtained something capable of being stolen or induced the victim to deliver such property.
4. Penalties for Obtaining by False Pretence
Under Section 313 of the Penal Code, the offense is classified as a misdemeanor, and the penalty upon conviction is imprisonment for up to three years. However, the actual sentence may vary depending on the circumstances of the case, including the value of the property obtained and the impact on the victim.
5. Relevant Case Laws
5.1. John v Republic (Criminal Appeal E060 of 2022)
In this case, the appellant was convicted of obtaining money by false pretence. The court upheld the conviction, emphasizing the importance of proving all elements of the offense, particularly the intent to defraud.
Relevance: This case illustrates the judicial approach to evaluating evidence in cases of obtaining by false pretence and underscores the necessity of proving intent.
5.2. Mwangi v Republic (Criminal Appeal E028 of 2022)
The appellant in this case was charged with obtaining property by false pretence. The court found that the prosecution had sufficiently demonstrated that the appellant knowingly made false representations to defraud the victim.
Relevance: This case highlights the importance of the prosecution's burden to prove that the accused knowingly made false representations.
5.3. Otemba & 2 others v Republic (Criminal Revision 65, 66 & 67 of 2023)
In this case, the accused were charged with multiple counts of obtaining by false pretence. The court's decision focused on the consistency and credibility of the evidence presented by the prosecution.
Relevance: This case underscores the role of credible and consistent evidence in securing convictions for obtaining by false pretence.
Conclusion
Obtaining by false pretence is a significant offense under Kenyan law, designed to protect individuals and entities from fraudulent activities. The Penal Code provides a clear framework for prosecuting such offenses, with specific elements that must be proven for a conviction. The penalties are designed to deter fraudulent behavior and maintain trust in personal and commercial transactions.
TLDR
In Kenya, obtaining by false pretence is a criminal offense under Section 313 of the Penal Code, punishable by up to three years in prison. The offense involves making false representations with the intent to defraud and obtaining property as a result. Key elements include false representation, knowledge of falsity, intent to defraud, and obtaining property. Relevant case laws illustrate the judicial approach to such offenses.
Sources
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