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
Steps
- Report the damage to the nearest police station. In an emergency, call 999, 112 or 911.
- If the person is convicted, the court can order them to pay you compensation for the damage.
- 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)
- Penal Code (Cap. 63) new.kenyalaw.org · read 4 Oct 2026
- Criminal Procedure Code (Cap. 75) new.kenyalaw.org · read 4 Oct 2026
- Kenya Police Service home page kenyapolice.go.ke · read 3 Oct 2026