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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
Go to the official site

Steps

  1. Report a theft to the police. In an emergency, call 999, 112 or 911.
  2. If the thief is convicted after a prosecution by or for the owner, the stolen property must be returned to the owner.
  3. 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)
  1. Criminal Procedure Code (Cap. 75) new.kenyalaw.org · read 4 Oct 2026
  2. Penal Code (Cap. 63) new.kenyalaw.org · read 4 Oct 2026
  3. Kenya Police Service home page kenyapolice.go.ke · read 2 Oct 2026

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