Section 267 of Penal Code CAP 63: Things capable of being stolen
(1) Every inanimate thing whatever which is the property of any person, and which is movable, is capable of being stolen.
(2) Every inanimate thing which is the property of any person, and which is capable of being made movable, is capable of being stolen as soon as it becomes movable, although it is made movable in order to steal it.
(3) Every tame animal, whether tame by nature or wild by nature and subsequently tamed, which is the property of any person is capable of being stolen.
(4) Animals wild by nature, of a kind which is not ordinarily found in a condition of natural liberty in Kenya, which are the property of any person, and which are usually kept in a state of confinement, are capable of being stolen, whether they are actually in confinement or have escaped from confinement.
(5) Animals wild by nature, of a kind which is ordinarily found in a condition of natural liberty in Kenya, which are the property of any person, are capable of being stolen while they are in confinement, and while they are being actually pursued after escaping from confinement, but not at any other time.
(6) An animal wild by nature is deemed to be in a state of confinement so long as it is in a den, cage, sty, tank or other small enclosure, or is otherwise so placed that it cannot escape and that its owner can take possession of it at pleasure.
(7) Wild animals in the enjoyment of their natural liberty are not capable of being stolen, but their dead bodies are capable of being stolen.
(8) Everything produced by or forming part of the body of an animal capable of being stolen is capable of being stolen.
(9) Information is capable of being stolen.
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- Section 268 - Definition of stealing
(1) A person who fraudulently and without claim of right takes anything capable of being stolen, or fraudulently converts to the use of any person, other than the general or special owner thereof, any...
- Section 269 - Special cases
(1) When a factor or agent pledges or gives a lien on any goods or document of title to goods entrusted to him for the purpose of sale or otherwise for any sum of money not greater than the amount due...
- Section 270 - Funds, etc., held under direction
When a person receives, either alone or jointly with another person, any money or valuable security or a power of attorney for the sale, mortgage, pledge or other disposition of any property, whether...
- Section 271 - Funds, etc., received by agents for sale
When a person receives, either alone or jointly with another person, any property from another on terms authorizing or requiring him to sell it or otherwise dispose of it, and requiring him to pay or...
- Section 272 - Money received for another
When a person receives, either alone or jointly with another person, any money on behalf of another, the money is deemed to be the property of the person on whose behalf it is received, unless the...
- Section 273 - Theft by person having an interest in the thing stolen
When any person takes or converts anything capable of being stolen, under such circumstances as would otherwise amount to theft, it is immaterial that he himself has a special property or interest...
- Section 274 - Husband and wife
A person who, while a man and his wife are living together, procures either of them to deal with anything which is, to his knowledge, the property of the other in a manner which would be theft if they...
- Section 275 - General punishment for theft
Any person who steals anything capable of being stolen is guilty of the felony termed theft and is liable, unless owing to the circumstances of the theft or the nature of the thing stolen some other...
- Section 276 - Stealing wills
If the thing stolen is a testamentary instrument, whether the testator is living or dead, the offender is liable to imprisonment for ten years.
- Section 277 - Stealing postal matter, etc.
If the thing stolen is postal matter or any chattel, money or valuable security contained in any postal matter, the offender is liable to imprisonment for ten years.
- Section 278 - Stealing stock
If the thing stolen is any of the following things, that is to say, a horse, mare, gelding, ass, mule, camel, ostrich, bull, cow, ox, ram, ewe, wether, goat or pig, or the young thereof the offender...
- Section 278A - Stealing motor vehicle
If the thing stolen is a motor vehicle within the meaning of the Traffic Act (Cap.
403), the offender is liable to imprisonment for seven years.
- Section 278B - Stealing fishing gear
If the thing stolen is fishing gear within the meaning of the Fisheries Act, 1988 (Cap. 378), the offender is liable to imprisonment for five years.
- Section 279 - Stealing from the person; stealing goods in transit, etc.
If the theft is committed under any of the circumstances following, that is to say—
(a) if the thing is stolen from the person of another;
(b) if the thing is stolen in a dwelling-house, and its...
- Section 280 - Stealing by persons in the public service
If the offender is a person employed in the public service and the thing stolen is the property of the Government, or came into the possession of the offender by virtue of his employment, he is liable...
- Section 281 - Stealing by clerks and servants
If the offender is a clerk or servant, and the thing stolen is the property of his employer, or came into the possession of the offender on account of his employer, he is liable to imprisonment for...
- Section 282 - Stealing by directors or officers of companies
If the offender is a director or officer of a corporation or company, and the thing stolen is the property of the corporation or company, he is liable to imprisonment for seven years.
- Section 283 - Stealing by agents, etc.
If the thing stolen is any of the things following, that is to say—
(a) property which has been received by the offender with a power of attorney for the disposition thereof;
(b) property which...
- Section 284 - Stealing by tenants or lodgers
If the thing stolen is a fixture or chattel let to the offender to be used by him with a house or lodging, and its value exceeds one hundred shillings, he is liable to imprisonment for seven years.
- Section 285 - Stealing after previous conviction
If the offender, before committing the theft, had been convicted of a theft punishable under any of sections 275 to 284 inclusive, he is liable to imprisonment for seven years.
- Section 286 - Concealing registers
Any person who, with intent to defraud, conceals or takes from its place of deposit any register which is authorized or required by law to be kept for authenticating or recording the title to any...
- Section 287 - Concealing wills
Any person who, with intent to defraud, conceals any testamentary instrument, whether the testator is living or dead is guilty of a felony and is liable to imprisonment for seven years.
- Section 288 - Concealing deeds
Any person who, with intent to defraud, conceals the whole or part of any document which is evidence of title to any land or estate in land, is guilty of a felony and is liable to imprisonment for...
- Section 289 - Killing animals with intent to steal
Any person who kills any animal capable of being stolen with intent to steal the skin or carcass, or any part of the skin or carcass, is guilty of an offence and is liable to the same punishment as if...
- Section 290 - Severing with intent to steal
Any person who makes anything movable with intent to steal it is guilty of an offence and is liable to the same punishment as if he had stolen the thing after it had become movable.
- Section 291 - Fraudulent disposition of mortgaged goods
(1) Any person who, being the mortgagor of mortgaged goods, removes or disposes of the goods without the consent of the mortgagee, and with intent to defraud, is guilty of a misdemeanour.
(2) In...
- Section 292 - Fraudulently dealing with minerals in mines
Any person who takes, conceals or otherwise disposes of any ore or any metal or mineral in or about a mine, with intent to defraud any person, is guilty of a felony and is liable to imprisonment for...
- Section 293 - Fraudulent appropriation of power
Any person who fraudulently abstracts or diverts to his own use or to the use of any other person any mechanical, illuminating or electrical power derived from any machine, apparatus or substance, the...
- Section 294 - Unlawful use of vehicles, animals, etc.
Any person who unlawfully and without colour of right, but not so as to be guilty of stealing, takes or converts to his own use or to the use of any other person any draught or riding animal or any...
- Section 295 - Definition of robbery
Any person who steals anything, and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to any person or property in order to obtain or...
- Section 296 - Punishment of robbery
(1) Any person who commits the felony of robbery is liable to imprisonment for fourteen years.
(2) If the offender is armed with any dangerous or offensive weapon or instrument, or is in company...
- Section 297 - Attempted robbery
(1) Any person who assaults any person with intent to steal anything, and, at or immediately before or immediately after the time of the assault, uses or threatens to use actual violence to any person...
- Section 298 - Assault with intent to steal
Any person who assaults any person with intent to steal anything is guilty of a felony and is liable to imprisonment for five years.
- Section 299 - Demanding property by written threats
Any person who, with intent to extort or gain anything from any person, and knowing the contents of the writing, causes any person to receive any writing demanding anything from any person without...
- Section 300 - Attempts at extortion by threats
(1) Any person who, with intent to extort or gain anything from any person—
(a) accuses or threatens to accuse any person of committing any felony or misdemeanour, or of offering or making any...
- Section 301 - Procuring execution of deeds, etc., by threats
Any person who, with intent to defraud, and by means of any unlawful violence to, or restraint of, the person of another, or by means of any threat of violence or restraint to be used to the person of...
- Section 302 - Demanding property with menaces
Any person who, with intent to steal any valuable thing, demands it from any person with menaces or force is guilty of a felony and is liable to imprisonment for ten years.
- Section 303 - Definition of breaking and entering
(1) A person who breaks any part, whether external or internal, of a building, or opens by unlocking, pulling, pushing, lifting or any other means whatever any door, window, shutter, cellar flap or...
- Section 304 - Housebreaking and burglary
(1) Any person who—
(a) breaks and enters any building, tent or vessel used as a human dwelling with intent to commit a felony therein; or
(b) having entered any building, tent or vessel used as a...
- Section 305 - Entering dwelling-house with intent to commit felony
(1) Any person who enters or is in any building, tent or vessel used as a human dwelling with intent to commit a felony therein is guilty of a felony and is liable to imprisonment for five years....
- Section 306 - Breaking into building and committing felony
Any person who—
(a) breaks and enters a schoolhouse, shop, warehouse, store, office, counting-house, garage, pavilion, club, factory or workshop, or any building belonging to a public body, or any...
- Section 307 - Breaking into building with intent to commit felony
Any person who breaks and enters a schoolhouse, shop, warehouse, store, office, counting-house, garage, pavilion, club, factory or workshop, or any building belonging to a public body, or any building...
- Section 308 - Preparations to commit felony
(1) Any person found armed with any dangerous or offensive weapon in circumstances that indicate that he was so armed with intent to commit any felony is guilty of a felony and is liable to...
- Section 309 - Repealed by Act No. 48 of 1962, s. 13(1).
Repealed by Act No. 48 of 1962, s. 13(1).
- Section 310 - Forfeiture of housebreaking instruments
When any person is convicted of an offence under this Chapter, the court may order that any dangerous or offensive weapon or instrument of housebreaking carried or used in connexion with any such...
- Section 311 - Forfeiture of aircraft, vessel or vehicle, and penalty for interfering with aircraft, vessel or vehicle when detained
(1) Where any person is convicted of an offence, or of an attempt to commit an offence or of counselling or procuring the commission of an offence, under the provisions of this Chapter, or of Chapter...
- Section 312 - Definition of false pretence
Any representation, made by words, writing or conduct, of a matter of fact, either past or present, which representation is false in fact, and which the person making it knows to be false or does not...
- Section 313 - Obtaining by false pretences
Any person who by any false pretence, and with intent to defraud, obtains from any other person anything capable of being stolen, or induces any other person to deliver to any person anything capable...
- Section 314 - Obtaining execution of a security by false pretences
Any person who by any false pretence, and with intent to defraud, induces any person to execute, make, accept, endorse, alter or destroy the whole or any part of any valuable security, or to write any...
- Section 315 - Cheating
Any person who by means of any fraudulent trick or device obtains from any other person anything capable of being stolen, or induces any other person to deliver to any person anything capable of being...