There is no definition of document in the criminal law but it could beconstructed as having the same meaning as defined in the interpretationand General Provisions Act, Cap 2. It is defined as “ Document includesany publication and any matter written, expressed or described upon anysubstance by means of letters, figure or marks, or by more than one ofthose means, which is intended to be used or may be used for thepurpose of recording that matter.”But as far as forgery, cases are concerned, “document” does not includeany trademark or any other sign used in connection with articles ofcommerce though they may be written or printed.(sec s46 criminal law)This means that if trademarks are forged either with intent to defraudor deceive the offence may be dealt with under the trademarks Act andnot under forgery cases. Also see Chapter.
INTENT TO DEFRAUD OR DECEIVE.
The first thing a criminal does in a forgery case is to make a falsedocument. The making of a false document must be done with a specificreason. Usually the intention of making such a false document is either todefraud or to deceive. A part from proving that a document was false,one has to prove either one of these two intents so as to prove forgery.Generally speaking, an intent to defraud refers to private document andto some extent to public document and an intent to deceive refers mainlyto public documents. Public documents are defined in section 79 of theKenya Evidence Act.i.“Documents forming the acts or records of the Acts:-ii.Of the sovereign authority; oriii.Of official bodies and tribunals; or