Case law
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Division and case type: CriminalCriminal Appeal
…RESPONDENT J U D G M E N T CORAM O’KUBSU J D N Ngatia for Appellant C W Gtonye (Principal State Counsel) for Respondent J U D G M E N T The appellant was convicted on the following two counts: - (i) Forgery contrary to section…
…The learned Resident Magistrate gave reasons why he reached his conclusion Section 345 of the Penal Code provides:- “Forgery is the making of a false document with intent to defraud or to deceive”.…
Division and case type: High Court Judicial ReviewJudicial Review
…contrary to section 345 as read with 349 of the penal code Laws of Kenya, Forgery contrary to section 345 as read with 349 of the penal code Laws of Kenya, Forgery contrary to section 345 as read with 349 of the penal ,Forgery…
…, Forgery contrary to section 345 as read with section 349 of the penal code, Forgery contrary to section 345 as read with section 349 of the penal code, Forgery of stamps contrary to section 354(a) of the penal code, Forgery…
Division and case type: High Court CriminalCriminal Appeal
…According to the respondents the consequences of the forgery were foreseeable and the appellant must be held accountable. 41.…
…Thus the elements of forgery are:-i. False making of – The person must have taken paper and ink and created a false document from scratch. Forgery is limited to documents.…
Division and case type: High Court CriminalCriminal Appeal
…Section 345 of the Penal Code defines forgery as the making of a false document with intent to defraud or to deceive. 13.…
…The said documents were thus forgeries. 17.…
Division and case type: High Court Commercial and TaxCommercial Insolvency Cause
…Service 24.I now turn to consider the debtor’s denial of service and claim that the signature of acknowledgement is a forgery. 25.In my view, the claim of forgery of the debtor’s signature is not a new matter or evidence…
…However, he did not raise the issue of forgery of his signature. Yet, this is such a grave matter that ought to have so mattered to him then as he says it does now.…
Division and case type: High Court CriminalCriminal Appeal
…Whether the 3 counts of the charge of forgery were proven to the required standard. Section 349 of the Penal Code provides for the punishment of the offence of forgery as follows: - 349.…
…General punishment for forgery Any person who forges any document or electronic record is guilty of an offence which, unless otherwise stated, is a felony and he is liable, unless owing to the circumstances of the forgery…
Division and case type: High Court FamilyFamily P&A Testate
…They also denied the forgery allegations, averring that the forgery claims are uncorroborated hearsay. The Applicant filed a further affidavit dated 4 th December, 2025, in which he averred that he is not a busy body.…
…In addition, they submitted that the forgery allegations are uncorroborated hearsay.…
Division and case type: CriminalCriminal Appeal
…In his defence, the appellant maintained that the questioned photocopy of the certificate S/No NAC/5202 was not a forgery.…
…The learned trial magistrate in a carefully written judgment considered the above issue and was satisfied that the said certificate was a forgery. I agree with him.…
Division and case type: High Court DivCivil Appeal
…Thus, the elements of forgery are:- False making of – The person must have taken paper and ink and created a false document from scratch. Forgery is limited to documents.…
…A charge of forgery would be that the signature on the document was not that of the deceased.…
Division and case type: High Court CriminalCriminal Appeal
…Section 345 of the Cap 63 Laws of Kenya Penal Code defines the offence of Forgery thus “Forgery is the making of a false document with intent to defraud or to deceive.” 35.…
…Thus the elements of forgery are:- False making of – The person must have taken paper and ink and created a false document from scratch. Forgery is limited to documents.…
Division and case type: High Court CivilCivil Appeal
…Before the trial civil court, it was the 1st respondent claiming Kshs. 2,448,000.00 had been negligently withdrawn from his account, by tricks, forgery, collusion of bank employees, failing to install the CCTV cameras to…
…The evidential burden, that was on him, was to shift to the appellant, only upon evidence being adduced, on a balance, that there were tricks, forgery and dishonesty of employees. 9.…
Division and case type: CriminalCriminal Appeal
…"Forgery" is defined under section 345 of the Penal Code thus: "Forgerry is the making of a false document with intent to defraud or to deceive."…
…In absence of such evidence it cannot be said that every element of the charge of forgery was established to the standard required in a criminal case. It is therefore our view that Mr.…
Division and case type: High Court CriminalCriminal Appeal
…Section 350 of the Penal Code provides the punishment for specific types of forgery as: 350.…
…Thus, the elements of forgery are:- i. False making of - The person must have taken paper and ink and created a false document from scratch. Forgery is limited to documents.…
Division and case type: High Court Commercial and TaxCommercial Matters
…She denies guaranteeing the 1st Defendant and claims that the signature used in the guarantee is not hers but a forgery. 7.…
…She further states that the signatures of the guarantor and borrower on the execution part in the Chattels mortgage are similar which indicate forgery.…
Division and case type: High Court DivCriminal Appeal
…The offence of forgery is provided for in the Penal Code as follows: s. 345: Forgery is the making of a false document with intent to defraud or to deceive. s. 347: Any person makes a false document who— (a)makes a document…
…Thus, the elements of forgery are: - i. False making of- The person must have taken paper and ink and created a false document from scratch. Forgery is limited to documents.…
Division and case type: High Court DivCriminal Appeal
…The offence of forgery is provided for in the Penal Code as follows: s. 345: Forgery is the making of a false document with intent to defraud or to deceive. s. 347: Any person makes a false document who— (a)makes a document…
…Thus, the elements of forgery are: - i. False making of- The person must have taken paper and ink and created a false document from scratch. Forgery is limited to documents.…
Division and case type: High Court CriminalCriminal Appeal
…Regarding Counts 3, 6, 9 and 12 – Forgery 17. The Appellant submitted that the prosecution failed to prove the offence of forgery contrary to section 349 of the Penal Code.…
…Without such evidence, the offence of forgery cannot be sustained.” 22.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…A declaration that the actions of the Respondents to arrest and intention to charge the Petitioner with the offence of forgery is unconstitutional and in contravention of Article 29(a) of the Constitution of Kenya.…
…From the material presented, the genesis of this matter was a complaint lodged with law enforcement alleging that the Petitioner had been involved in the forgery over Directorship of a company.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Respondent denies the allegation of forgery.…
…We start by saying that it was the respondent who was alleging that the will was a forgery and the burden to prove that allegation lay squarely on him.…
Division and case type: High Court DivConstitution and Human Rights Election Petition
…Finally, the 3rd Respondent argued that the High Court lacks jurisdiction to delve into criminal issues of alleged forgery in a closed and a fully determined matter.…
…That the 2nd and 3rd Petitioners, if truly aggrieved, should report the alleged forgery to the police for investigation in the normal criminal process.…