Forgery refers to the act of creating, altering, or imitating a document, signature, or other item with the intent to deceive or defraud others. It is considered a criminal offense in many jurisdictions, including Kenya.
In Kenya, forgery is primarily addressed under the Penal Code, Sections 340 to 359. These sections define and establish offenses related to forgery, including the following:
Forgery of Documents: Section 340 of the Penal Code criminalizes the forgery of documents, such as legal instruments, contracts, banknotes, stamps, or any other document with legal or financial significance.
Making False Documents: Section 347 makes it an offense to make false documents with the intent to use them or cause them to be used as genuine. This includes creating counterfeit documents, altering existing documents, or using false information to create a document.
Uttering False Documents: Section 352 addresses the offense of uttering false documents, which refers to the act of using or presenting a forged or false document as genuine, either with the knowledge of its falsity or with the intent to deceive others.
Possession of Forged Documents: Section 353 makes it an offense to have in one's possession any forged document, knowing it to be forged, with the intent to use it to deceive or defraud others.
The Penal Code establishes penalties for forgery offenses, including imprisonment and/or fines, depending on the specific offense committed and the severity of the act.