[Rev. 2012]
Penal Code
CAP. 63
370. Impounding and destruction of counterfeit coins
(1) Any officer of the Government or the manager of any bank who receives,
during the performance of his duties, any coin which he has reasonable ground
for believing to be counterfeit coin shall impound the coin and transmit it to the
Governor of the Central Bank of Kenya who may cut, deface or destroy it with or
without compensation, as he thinks fit if in his opinion it is counterfeit.
(2) For the purposes of this section, the decision of the Governor of the Central
Bank of Kenya that the coin is counterfeit and that compensation shall be granted or
withheld shall be final, and no person shall be entitled to claim and no proceedings
or action shall be brought against the Governor, the Government, the officer of
Government concerned, the manager of the bank concerned or his bank in respect
of any loss or damage suffered by reason of the impounding and cutting, defacing
or destruction.
[Act No. 15 of 1966, Sch., Act No. 10 of 2006, s. 32.]
371. Possession of clippings
Any person who unlawfully has in his possession or disposes of any filings, or
clipping of gold or silver, or any gold or silver in bullion, dust, solution, or any other
state, obtained by dealing with gold or silver coin in such a manner as to diminish
its weight, knowing the same to have been so obtained, is guilty of a felony and is
liable to imprisonment for seven years.
372. Uttering counterfeit coin
Any person who utters any counterfeit coin, knowing it to be counterfeit, is guilty
of a misdemeanour.
373. Repeated uttering
Any person who—
(a) utters any counterfeit coin knowing it to be counterfeit, and at the time
of such uttering has in his possession any other counterfeit coin; or
(b) utters any counterfeit coin knowing it to be counterfeit, and either on
the same day or on any of the ten days next ensuing utters any other
counterfeit coin knowing it to be counterfeit; or
(c) receives, obtains or has in his possession any counterfeit coin
knowing it to be counterfeit, with intent to utter it,
is guilty of a felony and is liable to imprisonment for three years.
374. Uttering metal or coin not current as coin
(1) Any person who, with intent to defraud, utters as and for coin any medal
or piece of metal is guilty of a misdemeanour and is liable to imprisonment for one
year.
(2) Any person who, with intent to defraud, utters as and for coin lawfully current
in Kenya by virtue of any Act, proclamation or otherwise any coin not so lawfully
current is guilty of a misdemeanour and is liable to imprisonment for one year.
P6-109
[Issue 1]
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