Skip to main content

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.

Popular posts from this blog

Preliminary Investigations Report.

A preliminary investigations report is an initial document that summarizes the findings and progress of an ongoing investigation into an incident. It serves as an interim report, providing an overview of the initial information collected and the steps taken during the early stages of the investigation. Here are some key components typically included in a preliminary investigations report: Introduction: Provide a brief introduction to the report, stating the purpose, scope, and context of the investigation. Incident Summary: Provide a concise summary of the incident, including the date, time, location, and a high-level description of what occurred. Investigation Team: Identify the members of the investigation team or individuals involved in the preliminary investigation. Methodology and Approach: Describe the methods, techniques, and approaches used in the preliminary investigation. This may include witness interviews, documentation review, site visits, data analysis, and any other inve...
Read more

The Penal Code.

The Penal Code of Kenya is a legal document that outlines the various criminal offenses and their corresponding penalties in the country. It provides a framework for the criminal justice system in Kenya and serves as a guide for law enforcement agencies, prosecutors, judges, and other legal professionals involved in the administration of justice. The Penal Code is governed by the laws of Kenya and has undergone several revisions over the years to reflect changes in society and legal developments. The most recent version of the Penal Code in Kenya is based on the Penal Code Act, Chapter 63 of the Laws of Kenya. The Penal Code covers a wide range of criminal offenses, including but not limited to offenses against the person (such as murder, assault, and rape), offenses against property (such as theft, burglary, and arson), offenses relating to public order (such as rioting and unlawful assembly), offenses against morality (such as prostitution and pornography), offenses against the state...
Read more

The Witness Protection Act-Kenya.

 The Witness Protection Act is a legislation in Kenya that provides for the protection, support, and welfare of witnesses who cooperate with law enforcement agencies and the justice system in criminal proceedings. The Witness Protection Act is based on the Witness Protection Act, No. 16 of 2006, and subsequent amendments. The Witness Protection Act aims to encourage witnesses to come forward and provide crucial testimony in criminal cases, particularly in situations where their safety and well-being may be at risk. It establishes mechanisms and procedures to ensure the security and protection of witnesses and their families. Key provisions of the Witness Protection Act include: Witness Protection Program: The Act establishes a Witness Protection Program, which is responsible for providing protection and support to witnesses, their families, and other persons who may be affected as a result of their cooperation. The program operates under the authority of the Witness Protection Agen...
Read more