Criminal Law: Criminal Damage in Kenya

What is criminal damage?
A person commits criminal damage whenthey intentionally destroy or damage a piece of property without lawful excuse.

What are the elements of criminal damage?
The essential element of the offence of criminal damage, is one of intent. The testin which is applied can be found inPace v H, in which Scott J stated that a person isnot guilty of the offence, unless he or she “…intended to cause that result, or believed that it was more likely than not such a result would be achieved.”

The following elements must be met:
• knowledge of the existence of the property
• knowledge of the existence of a risk thatthe conduct may damage the property
• an awareness of the risk
• proceeding with the offending conduct, despite of the awareness of the risk
• evidence that the causing of the damageis without lawful authority
• an understanding on the part of the defendant that no such lawful authority is evident.

How much damage must there be for a person to be found guilty of the offence?
A thing is damaged if it is rendered imperfect or inoperative.

A person can commit an offence of criminal damage towards their own property
Yes, it may seem unusual that a person can be found guilty of an offence of criminal damage in relation to their own property – but it can happen. The most common examples of criminal damage to ones property, is when a person either arranges for an acquaintance to get rid of their car for insurance purposes.