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Criminal penalties in Kenya
Checked in October 2026 against the Penal Code (Cap. 63) and Sexual Offences Act (No. 3 of 2006), as published on Kenya Law, read in English.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. We read the code in its original language and give the offences in plain English, with the legal term where it helps. For anything that matters, rely on the code itself. Not legal advice.
How Kenya sets penalties
- Kenya's Penal Code states most penalties as a maximum: 'is liable to imprisonment for seven years'. Section 26(2) says that, unless the law says otherwise, a person liable to imprisonment for life or any period may be sentenced to a shorter term. A few offences state a minimum, such as the rape offences ('not less than ten years but which may be enhanced to imprisonment for life').
- Section 26(3) says that a court may impose a fine in addition to or instead of imprisonment, but not instead of a minimum sentence. Where a law sets no sum, the fine is unlimited but not excessive (s. 28). The offence sections shown here do not set fines.
- Kenya has one offence of murder, with no degrees. Malice aforethought is established by an intention to kill or do grievous harm, knowledge that death or grievous harm will probably result, an intent to commit a felony, or an intention to help someone escape (s. 206). A killing in the heat of passion on sudden provocation is manslaughter only (s. 207).
- Rape and sexual assault are in the Sexual Offences Act, 2006, not in the Penal Code. Drink driving is in the Traffic Act, which was not read. This table shows first-offence ranges.
Death penalty: Yes. The Penal Code says that a person convicted of murder shall be sentenced to death (s. 204), and the same for robbery with violence or a weapon, or with others (s. 296(2)), and for attempted robbery in those circumstances (s. 297(2)). Outside the text read: in 2017 Kenya's Supreme Court (Muruatetu v Republic) held that a mandatory death sentence for murder is unconstitutional, so courts now treat death as a penalty they may choose and not one they must impose.
Read the Kenya legal-system profile in the Legal Families Atlas →
First-degree murder
Death (mandatory in the text of the Code; see the note on the Supreme Court)
Murder (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- Death
The Code says 'shall be sentenced to death'.
Murder (s. 203) is causing the death of another person by an unlawful act or omission with malice aforethought. Section 204 says that any person convicted of murder shall be sentenced to death. Outside the text read: the Supreme Court held in 2017 (Muruatetu v Republic) that a mandatory death sentence for murder is unconstitutional, so the sentence is now decided by the court.
Second-degree murder
The same offence: death (s. 204)
Murder (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- Death
The Code says 'shall be sentenced to death'.
Kenya does not divide murder into degrees. The single offence is shown under first-degree murder, and killings on provocation or without malice aforethought are under manslaughter.
Voluntary manslaughter
Up to life imprisonment (manslaughter, including killing in the heat of passion on sudden provocation)
Manslaughter (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
Manslaughter (s. 202) is causing the death of another by an unlawful act or omission, including culpable negligence to discharge a duty to preserve life or health. A person who kills in the heat of passion caused by sudden provocation, before there is time for the passion to cool, is guilty of manslaughter only (s. 207).
Robbery
14 years; death if armed, with others, or if the victim is wounded, beaten or struck
Attempted robbery (assault with intent to steal, with threats or violence) (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- 7 years
Robbery (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- 14 years
Robbery by an offender armed with a dangerous or offensive weapon, or in company with others, or who wounds, beats, strikes or uses personal violence (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- Death
The Code says 'shall be sentenced to death'.
Burglary
3 years (theft); 7 years (housebreaking); 10 years (burglary, at night)
Theft (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- 3 years
Breaking into a building that is not a dwelling and committing a felony in it (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- 7 years
Housebreaking: breaking into a dwelling with intent to commit a felony (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- 7 years
Burglary: housebreaking at night (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- 10 years
Housebreaking (s. 304(1)) is breaking and entering a dwelling with intent to commit a felony in it, or breaking out after committing one. If it is done at night it is called burglary (s. 304(2)). Breaking into a non-dwelling building such as a shop, school, warehouse or place of worship and committing a felony is s. 306.
Arson
Up to life imprisonment (setting fire to a building, vessel, stack of produce or fuel, or mine)
Arson: wilfully and unlawfully setting fire to a building or structure, a vessel, a stack of cultivated produce or fuel, or a mine (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
Aggravated assault
5 years (assault causing actual bodily harm); up to life imprisonment (grievous harm)
Assault occasioning actual bodily harm (a misdemeanour) (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- 5 years
Unlawfully doing grievous harm (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
Rape and sexual assault
At least 10 years, which may be enhanced to life imprisonment (rape; sexual assault); at least 5 years for attempted rape
Attempted rape (Offence (felony or misdemeanour))
- Least
- 5 years
- Most
- Life imprisonment
Not less than five years, which may be enhanced to life.
Rape (Offence (felony or misdemeanour))
- Least
- 10 years
- Most
- Life imprisonment
Not less than ten years, which may be enhanced to life.
Sexual assault (Offence (felony or misdemeanour))
- Least
- 10 years
- Most
- Life imprisonment
Not less than ten years, which may be enhanced to life.
Rape (Sexual Offences Act, s. 3) is intentionally and unlawfully causing penetration with the genital organs where the other person does not consent, or consent is obtained by force, threats or intimidation. Sexual assault (s. 5) is unlawfully penetrating another person's genital organs with a body part or object. 'Genital organs' includes the anus.
Kidnapping
7 years (kidnapping, or with intent to confine); 10 years (to murder, or to subject to grievous harm or slavery)
Kidnapping a person from Kenya or from lawful guardianship (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- 7 years
Kidnapping or abducting with intent to cause secret and wrongful confinement (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- 7 years
Kidnapping or abducting in order that a person may be murdered or put in danger of being murdered (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- 10 years
Kidnapping or abducting in order that a person may be subjected to grievous harm, slavery and similar (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- 10 years
Embezzlement
3 years (theft); 7 years (theft by a public servant, a clerk or servant, a company director or officer, or an agent)
Theft (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- 3 years
Stealing by a person employed in the public service (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- 7 years
Stealing by a clerk or servant (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- 7 years
Stealing by a director or officer of a company (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- 7 years
Stealing by an agent: property received under a power of attorney, in trust, or on account of another (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- 7 years
Kenya has no offence named embezzlement. It is stealing by a person in a position of trust: a public servant (s. 280), a clerk or servant (s. 281), a director or officer of a company (s. 282) or a person holding property as an agent, attorney or for a particular purpose (s. 283).
Forgery
3 years (forgery); 7 years (a judicial or official document); life imprisonment (a will, title deed, cheque, bank note and similar)
Forging any document or electronic record (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- 3 years
Forging a judicial or official document (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- 7 years
Forging a will, a document of title to land, a judicial record, a power of attorney, a bank or currency note, a bill of exchange, a promissory note, an insurance policy or a cheque (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
Knowingly and fraudulently uttering a false document (Offence (felony or misdemeanour))
- Least
- No minimum term set by the statute
- Most
- As for the forger of the document
Liable to the same punishment as if the offender had forged the thing.
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