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Uttering a False Document.

Uttering a false document is a criminal offense under the Kenyan Penal Code. The offense occurs when a person knowingly and with intent to deceive, presents or uses a document that they know is false, with the intent of inducing someone else to believe that the document is genuine.

Under Section 353 of the Penal Code, a person who utters a false document is guilty of an offense and may be sentenced to imprisonment for up to three years. The section defines "utter" as the act of offering or tendering a document as genuine, whether the document is genuine or false.

To prove the offense of uttering a false document, the prosecution must establish the following elements:

  1. The accused presented or used a document as genuine
  2. The document was false
  3. The accused knew the document was false
  4. The accused intended to deceive another person by presenting or using the false document.

It is important to note that uttering a false document 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 any victims who suffered financial losses as a result of the false document. Additionally, any property or proceeds obtained through the commission of the offense may be subject to forfeiture under the Proceeds of Crime and Anti-Money Laundering Act of 2009.







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