[Rev. 2012] (c) Penal Code CAP. 63 with intent to defraud his creditors or any of them, conceals, sells or removes any part of his property, after or within two months before the date of any unsatisfied judgment or order for payment of money obtained against him, is guilty of a misdemeanour and is liable to imprisonment for one year. 316A. Bad cheques (1) Any person who draws or issues a cheque on an account is guilty of a misdemeanour if the person— (a) knows that the account has insufficient funds; (b) knows that the account has been closed; or (c) has previously instructed the bank or other institution at which the account is held not to honour the cheque. (2) Subsection (1)(a) does not apply with respect to a post-dated cheque. (3) Any person who, by deceit or any other fraudulent means, assists a person to obtain anything on the basis of a cheque drawn or issued in the circumstances described in subsection (1) is guilty of a misdemeanour. (4) A person who is guilty of a misdemeanour under this section is liable to a fine not exceeding fifty thousand shillings, or to imprisonment for term not exceeding one year, or to both. [Act No. 54 of 1960, s. 31, Act No. 24 of 1967, Sch.] 316B. Certain felonies by banks or other institutions (1) A bank or other institution is guilty of a felony if it— (a) with intent to conceal its true financial position, holds a cheque or similar instrument that cannot be settled for the amount due thereon; (b) assists a person to obtain money or credit on the basis of a cheque drawn or issued in the circumstances described in section 316A(1); or (c) with intent to defraud, facilitates the transfer of money to the holder of a false cheque or other instrument. (2) A bank or other institution that is guilty of a felony under subsection (1) is liable to a fine not exceeding five hundred thousand shillings. [Act No. 42 of 1951, s. 13.] 317. Conspiracy to defraud Any person who conspires with another by deceit or any fraudulent means to affect the market price of anything publicly sold, or to defraud the public or any person, whether a particular person or not, or to extort any property from any person, is guilty of a misdemeanour and is liable to imprisonment for three years. 318. Frauds on sale or mortgage of property Any person who, being a seller or mortgagor of any property, or being the advocate or agent of any such seller or mortgagor, with intent to induce the purchaser or mortgagee to accept the title offered or produced to him, and with intent to defraud— (a) conceals from the purchaser or mortgagee any instrument material to the title, or any encumbrance; or P6-93 [Issue 1]