[Rev. 2012] Penal Code CAP. 63 CHAPTER XXXVI – OFFENCES RELATING TO COIN AND BANK AND CURRENCY NOTES 364. Definitions In this Chapter— “coin” includes any coin which is legal tender in Kenya by virtue of the Central Bank of Kenya Act (Cap. 491), and any coin of a foreign Sovereign or State; “counterfeit coin” means coin not genuine but resembling or apparently intended to resemble or pass for genuine coin; and includes genuine coin prepared or altered so as to pass for coin of a higher denomination. [Act No. 1 of 2009, Sixth Sch.] 365. Counterfeiting coin Any person who makes or begins to make any counterfeit coin is guilty of a felony and is liable to imprisonment for life. 366. Preparations for coining Any person who— (a) gilds or silvers any piece of metal of a fit size or figure to be coined, with intent that it shall be coined into counterfeit coin; or (b) makes any piece of metal into a fit size or figure to facilitate the coining from it of any counterfeit coin, with intent that such counterfeit coin shall be made from it; or (c) without lawful authority or excuse, the proof of which lies on him— (i) buys, sells, receives, pays or disposes of any counterfeit coin at a lower rate than it imports or is apparently intended to import, or offers to do any such thing; or (ii) brings or receive into Kenya any counterfeit coin knowing it to be counterfeit; or (iii) makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes of, any stamp or mould which is adapted to make the resemblance of both or either of the sides of any coin, or any part of either side thereof, knowing the same to be a stamp or mould, or to be so adapted; or (iv) makes or mends, or begins or prepares to make or mend, or has in his possession or disposes of, any tool, instrument or machine which is adapted and intended to be used for marking coin round the edges with marks or figures apparently resembling those on the edges of any coin, knowing the same to be so adapted and intended; or (v) makes or mends, or begins or prepares to make or mend, or has in his possession or disposes of, any press for coinage, or P6-107 [Issue 1]