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EXPLAINER: Kenyan money laws you might be breaking everyday without realising

A person holding a wad of cash
A person holding a wad of cash

Have you ever come across a Kenyan banknote with a phone number scribbled on it or a torn note still being used in a matatu? 

Have you ever come across a Kenyan banknote with a phone number scribbled on it or a torn note still being used in a matatu? 

Many Kenyans don’t think twice about writing on, folding, or even slightly tearing their money. But did you know that defacing currency is actually a crime punishable by law? 

The question is, how serious is this law, and what happens if you’re caught? Let’s break it down.

A person holding Kenyan currency

What Does the Law Say?

According to Section 367A of the Penal Code, it is illegal to willfully deface, tear, cut, or mutilate a currency note. The law states:

Any person who willfully and without authority or excuse defaces, tears, cuts or otherwise mutilates any currency note shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding three months or to a fine not exceeding two thousand shillings or to both.

This means that any deliberate act of damaging money, whether by writing, stamping, or tearing it, could land you in legal trouble. 

Additionally, the CBK (Currency Handling) Regulations, 2010 prohibit the use of currency images for promotional purposes or other unauthorised uses without prior approval from the Central Bank of Kenya.

The Central Bank of Kenya (CBK)

Why Is Defacing Money Illegal?

The strict rules around handling currency exist for several reasons:

Preserving the Integrity of Currency. Money is a national symbol, and defacing it can diminish its value and credibility.

Preventing Fraud – Some forms of defacement can be linked to counterfeiting or money laundering, making it harder for authorities to track genuine notes.

Extending the Lifespan of Notes – The Central Bank spends millions replacing damaged notes, and intentional defacement only increases this cost.

READ: 39 richest banks in Kenya by asset base - CBK report

What Happens If You’re Caught?

While the law is clear on the penalties, enforcement is rare. 

However, in extreme cases, authorities could choose to make an example out of individuals caught damaging currency.

Are people actually arrested? Reports of arrests are uncommon, but that doesn’t mean you should take the risk.

Although no high-profile cases have been recorded, the CBK and law enforcement have issued warnings against currency defacement, especially during election periods when political slogans are sometimes written on money.

How to Handle Damaged Money

If you accidentally receive a torn or mutilated note, don’t worry, you can still exchange it. The Central Bank of Kenya provides the following guidelines:

Take the damaged note to a CBK branch or a recognised commercial bank.

If a note is heavily damaged (e.g., burned or missing large portions), CBK officials will assess whether it qualifies for replacement.

Yes, defacing Kenyan currency is illegal, but enforcement remains minimal. 

However, the law exists to maintain the integrity and usability of money, so it’s best to handle your cash with care. 

Next time you see someone writing on a banknote, you might want to remind them, it could technically land them in jail!

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