What counts as theft, and what is the punishment?
Penal Code · sources read 4 Oct 2026
Theft is fraudulently taking something, or using someone's property as your own, without a claim of right, for example intending to keep it from the owner for good. General theft carries up to 3 years in jail; an employee stealing from the employer faces up to 7 years, and stealing a motor vehicle up to 7 years.
- Where
- Any police station (emergency: 999, 112 or 911); the case is then heard in court
Steps
- Report a theft to the police. In an emergency, call 999, 112 or 911.
- If the thief is convicted after a prosecution by or for the owner, the stolen property must be returned to the owner.
- The court can also order the convicted person to pay you compensation for your loss.
Watch out
- Stealing livestock such as cows, goats, sheep, pigs or donkeys carries up to 14 years.
- Using someone's money as you like is still theft even if you plan to pay it back later.
- Keeping something you found is not theft if you do not know the owner and reasonably believe the owner cannot be found.
Who this covers
- The rule applies to anyone who, without a claim of right, fraudulently takes anything that can be stolen or converts someone else's property to their own use.
Official sources (3)
- Criminal Procedure Code (Cap. 75) new.kenyalaw.org · read 4 Oct 2026
- Penal Code (Cap. 63) new.kenyalaw.org · read 4 Oct 2026
- Kenya Police Service home page kenyapolice.go.ke · read 2 Oct 2026