In Kenya, stealing by a servant is a criminal offense under section 281 of the Penal Code. The offense occurs when a servant, such as an employee, domestic worker, or agent, steals property entrusted to them by their employer or principal. The section defines "servant" as including "any person employed for the purpose of carrying goods or messages for reward".
The relevant provisions of section 281 of the Penal Code are as follows:
Any person who, being employed as a servant or agent, steals any property belonging to their employer or principal, commits a felony and is liable to imprisonment for seven years.
Any person who, being employed as a public servant, steals any property entrusted to them in their official capacity, or otherwise in their possession by virtue of their office, commits a felony and is liable to imprisonment for fourteen years.
Any person who, being employed in the capacity of a banker, merchant, broker, attorney, or agent, embezzles or fraudulently applies any property entrusted to them, commits a felony and is liable to imprisonment for seven years.
The offense of stealing by a servant is a serious offense under Kenyan law and can attract severe penalties, including imprisonment. It is aimed at deterring employees, agents, and other servants from stealing property entrusted to them by their employers or principals. Employers are advised to take measures to prevent and detect theft by their employees, including conducting background checks, implementing internal controls, and reporting any suspected theft to the authorities