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What are housebreaking and burglary, and the punishment?

Penal Code · sources read 4 Oct 2026

Breaking into a home to commit a felony such as theft (or breaking out after committing one) is housebreaking, punishable by up to 7 years. If it happens at night (6.30pm to 6.30am) it is burglary, 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 a break-in to the police. In an emergency, call 999, 112 or 911.
  2. If the offender is convicted, the court can order them to pay you compensation for your loss.

Watch out

  • Just entering or being in a home intending to commit a felony, without breaking in, carries up to 5 years (7 at night).
  • Getting in by a threat, a trick, help from someone inside, or through an opening not meant as an entrance counts as breaking in.
  • Breaking into a shop, office, school, store or place of worship and committing a felony there is a separate offence with up to 7 years.

Who this covers

  • Anyone who breaks into a building, tent or vessel that people live in, intending to commit a felony there.
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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