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Is damaging someone's property on purpose a crime?

Penal Code · sources read 4 Oct 2026

Yes. Wilfully and unlawfully destroying or damaging any property is malicious damage, punishable by up to 5 years in jail unless the law sets a heavier penalty. Damaging a land title document or a document kept in a public office carries up to 10 years.

Where
Any police station (emergency: 999, 112 or 911); the case is then heard in court
Go to the official site

Steps

  1. Report the damage to the nearest police station. In an emergency, call 999, 112 or 911.
  2. If the person is convicted, the court can order them to pay you compensation for the damage.
  3. For less serious cases (not felonies), the court can help both sides settle, for example by paying compensation, and then stop the case.

Watch out

  • Setting fire to a building or structure on purpose is arson, a separate felony with up to life in jail.
  • Destroying or damaging a document kept in a public office, or one that proves title to land, carries up to 10 years.
  • It is not a crime if the person acted on an honest claim of right over the property and without intent to defraud.

Who this covers

  • Applies to anyone who wilfully and unlawfully destroys or damages any property.
Official sources (3)
  1. Penal Code (Cap. 63) new.kenyalaw.org · read 4 Oct 2026
  2. Criminal Procedure Code (Cap. 75) new.kenyalaw.org · read 4 Oct 2026
  3. Kenya Police Service home page kenyapolice.go.ke · read 3 Oct 2026

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