Forgery is a criminal offense and is defined as the act of creating, altering, or using a false document or signature with the intention to deceive or defraud another person. The offense is punishable under Section 349 of the Penal Code.
Under the Penal Code, forgery can take many forms, including the forging of official documents such as contracts, deeds, or certificates, as well as the forging of personal documents such as checks, passports, or identity cards.
The offense of forgery is divided into two categories: simple forgery and aggravated forgery. Simple forgery involves the forgery of a document that is not related to a particular person, while aggravated forgery involves the forgery of a document that is related to a specific person or property.
The penalty for forgery under the Penal Code varies depending on the severity of the offense. Simple forgery carries a maximum penalty of three years' imprisonment, while aggravated forgery carries a maximum penalty of fourteen years' imprisonment.
To prove the offense of forgery, the prosecution must establish that the defendant created or used a false document or signature with the intention to deceive or defraud another person. The prosecution must also demonstrate that the defendant had the necessary knowledge and skills to create the false document or signature and that they acted with the required level of intent.
It is important to note that forgery is a serious offense in Kenya, and anyone who is found guilty of the offense may face severe criminal penalties, as well as civil liability for any damages or losses that they may have caused.