CAP. 63 Penal Code [Rev. 2012] some other person, or that he was employed as a carrier, agent or servant to convey the same for some other person, the court may cause every such other person, and also any other person through whose possession any such thing shall previously have passed, to be brought before it. (2) Upon any such person as is mentioned in subsection (1) being brought before it, it shall be lawful for the court to examine him as to whether he has been in possession of any such thing as aforesaid, and upon his admitting such possession, or upon it being proved to the satisfaction of the court that such person has been in possession of any such thing, the court may call upon such person to give an account to the satisfaction of the court by what lawful means such person came by such thing, and if such person fails, within a reasonable time to be assigned by such court, to give such account, he is guilty of an offence and is liable to a fine not exceeding one thousand four hundred shillings or to imprisonment for a term not exceeding six months. (3) For the purposes of this section, the possession of a carrier, agent or servant shall be deemed to be the possession of the person who shall have employed such carrier, agent or servant to convey the same. [Act No. 3 of 1969, s. 5, Act No. 4 of 1973, Sch., Act No. 22 of 1987, Sch.] 326. Receiving goods stolen outside Kenya Any person who, without lawful excuse, knowing or having reason to believe the same to have been stolen or obtained in any way whatsoever under such circumstances that if the act had been committed in Kenya the person committing it would have been guilty of a felony or misdemeanour, receives or has in his possession any property so stolen or obtained outside Kenya, is guilty of an offence of the like degree (whether felony or misdemeanour) and is liable to imprisonment for seven years. CHAPTER XXXII – FRAUDS BY TRUSTEES AND PERSONS IN A POSITION OF TRUST, AND FALSE ACCOUNTING 327. Fraudulent disposal of trust property (1) Any person who, being a trustee of any property, destroys the property with intent to defraud, or, with intent to defraud, converts the property to any use not authorized by the trust, is guilty of a felony and is liable to imprisonment for seven years. (2) For the purposes of this section, “trustee” includes the following persons and no others, that is to say— (a) trustees upon express trusts created by a deed, will, or instrument in writing, whether for a public or private or charitable purpose; (b) trustees appointed by or under the authority of any written law for any such purpose; (c) the heir or personal representative of any trustee as aforesaid and any other person upon or to whom any such trust shall devolve or come; (d) executors, including executors de son tort and administrators; (e) managers appointed under the authority of the Mental Treatment Act (Cap. 248); [Issue 1] P6-96