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Theft by False Pretence.

Theft by false pretence is a criminal offense under the Kenyan Penal Code. The offense is committed when a person fraudulently obtains the property of another person by making a false representation, with the intention of deceiving that person.

Under Section 313 of the Penal Code, a person who commits theft by false pretence is guilty of an offense and may be sentenced to imprisonment for up to seven years. The section defines "false pretence" as any representation made by words or conduct that is false in material particulars, and that is made with the intention of deceiving the person to whom it is made.

To prove the offense of theft by false pretence, the prosecution must establish the following elements:

  • The accused made a false representation to the victim
  • The representation was made with the intention of deceiving the victim
  • The victim relied on the false representation
  • The accused obtained property from the victim as a result of the false representation

It is important to note that theft by false pretence is a serious offense in Kenya, and anyone found guilty of the offense may be sentenced to imprisonment and may also be required to pay restitution to the victim. Additionally, under the Proceeds of Crime and Anti-Money Laundering Act of 2009, any property or proceeds obtained through the commission of the offense may be subject to forfeiture.

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