Obtaining money by false pretences is a misdemeanor under Section 313 of the Kenyan Penal Code. It's a crime where someone intentionally deceives another person by making false statements or presenting themselves as someone or something they are not, with the intent to obtain money or property.
The prosecution must prove the accused obtained something capable of being stolen, did so through a false pretence, and had an intention to defraud.
Key elements of the offense, according to the Kenyan Penal Code and case law, include:
A false representation:
This can be a statement, writing, or conduct that is untrue and known to be false by the person making it.
Intent to defraud:
The person must intend to deceive and cause the victim to part with their property.
Anything capable of being stolen:
The object of the deception must be something that can be stolen, like money, goods, or services.
Inducement:
The false representation must induce the victim to give up their property.
Example: If someone falsely pretends to be a contractor to secure a contract and payment, and the contractor then pays them without realizing the deception, the person could be charged with obtaining money by false pretences.
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