According to Cap 63 section 267, it includes any inanimate thing, movable and capable of being stolen including animals. Under section 268(1), stealing is whereby 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 general or special owner, is said to have stolen. The elements of are as follows:
1. Appropriation that involves trespassory taking and carrying away OR fraudulent conversion. The issue is usually whether the defendant must usurp all proprietary/possessory right of the owner.
Penal Code Section 268 (5) A person shall not be deemed to take a thing unless he moves the thing or causes it to move.
2. The issue arises where …show more content…
With regards to the above case, all the six robbers are liable for the offence robbery with violence based on two accounts. In the first instance, the culprits robbed off Mr. Munyoki his Sony television set, three desktops as well as a golden watch. In the second instance, the suspects robbed off Ananda by stealing her Samsung television set, a microwave and assorted shoes.
Burglary and house breaking
Under section 303 of the penal code, a person who breaks any part, either external or internal of a building, or opens by unlocking, pulling, pushing, lifting or any other means whatever, any door, window, shutter, cellar flip or any close or cover or opening and giving passage from one building part to another and entered building is liable for burglary. Mr. Kassan is a victim to the gang whereby the gang tried to gain forceful entry to his house, but the victim raised an alarm early …show more content…
It is the obligation of the attorney general to push for cases against corruption through the Kenya Anti-Corruption Commission. According to the case at hand, Lopot is liable for the wrong as we are told that he dashed to freedom on arrest. Murder attempt
Acts reus for murder is the killing of another human being, done voluntarily. Section 9 of the Penal Code provides that, “………….a person is not criminally responsible for an act or omission which occurs independently of the exercise of his will, or for an event which occurs by accident.” Section 220 of the Penal Code states that
Any person who -
(a) attempts unlawfully to cause the death of another; or
(b) with intent unlawfully to cause the death of another does any act, or omits to do any act which it is his duty to do, such act or omission being of such a nature as to be likely to endanger human life, is guilty of a felony and is liable to imprisonment for life. Knowledge of the consequent danger and intent is present and is punishable by