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Stealing.

Stealing is a criminal offense under the Kenyan Penal Code. The offense is committed when a person intentionally takes the property of another person without their consent and with the intent of permanently depriving the owner of that property.

Under Section 268 of the Penal Code, a person who commits the offense of stealing is guilty of a felony and may be sentenced to imprisonment for up to seven years. The section defines "stealing" as the act of fraudulently and without claim of right, taking anything capable of being stolen or fraudulently converting to one's use or to the use of any other person anything capable of being stolen.

To prove the offense of stealing, the prosecution must establish the following elements:

  1. The accused took the property of another person without their consent
  2. The accused intended to permanently deprive the owner of that property
  3. The property was capable of being stolen

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