ADVOKS GLOBAL · KENYA
Penal Code
328. Fraudulent appropriation or accounting by directors or officers
Edition: 2023-12-11 · In force
328. Fraudulent appropriation or accounting by directors or officers
Any person who—(a)being a director or officer of a corporation or company, receives or possesses himself as such of any of the property of the corporation or company otherwise than in payment of a just debt or demand, and, with intent to defraud, omits either to make a full and true entry thereof in the books and accounts of the corporation or company, or to cause or direct such an entry to be made therein; or(b)being a director, officer or member of a corporation or company, does any of the following acts with intent to defraud, that is to say—(i)destroys, alters, mutilates or falsifies any book, document, valuable security or account which belongs to the corporation or company, or any entry in any such book, document or account, or is privy to any such act; or(ii)makes, or is privy to making, any false entry in any such book, document or account; or(iii)omits, or is privy to omitting, any material particular from any such book, document or account, is guilty of a felony and is liable to imprisonment for seven years.