Criminal Law: Malicious Damage of Property in Kenya

Malicious Damage of Property Definition
Malicious Damage of Property simply means that you intended to cause the damage to the property or intended to destroy it.Damage refers to the ‘physical derangement’ of property. But, the damage does not have to be permanent or long lasting. The damage may include marking, defacing, removing or altering the property.

Malicious Damage to property may even go so far as to include interference such as deleting files from a computer, taking a key or erecting barriers, aimed at preventing use of a person’s property.

Malicious Damage Penalty
If an election is made for atrial on indictmentthen the penalty given to a person found guilty of damaging or destroying property ranges depending on how the property was damaged or destroyed.

Pleading Not Guilty
For you to be convicted of malicious damage the police will need to prove:
1.That you caused the damage or destroyed property
2.That the property that was damaged or destroyed belonged to another person, or you and another person
3.That you intended to cause the damage.

Each of these parts must be proved beyond a reasonable doubt.
If you decide to plead not guilty, a brief of evidence will be served. This brief containsall the evidence the police willuse to try and convict you of destroying or damaging the property.

This brief must be examined carefully. Once the brief has been considered, you can choose to adhere to the not guilty plea, or change your plea to guilty. Following this, a hearing date will be setfor your defended hearing.At the defended hearing, witnesses will be in court to testify against you and explain their version of events.

We will then have the ability to cross examine them. You can choose to testify and give your own version of events. When you testify, then you are also cross examined by the prosecution. Your solicitor can advise you whether or not you should testify.The law related to intent is very complicated and each case will often have a different outcome depending on the defendant’s state of mind. It is importance to examine the circumstances of each case carefully.  The police will try to rely on any evidence of foresight to prove intent.

Malicious Damage Defences
*.Wrongfully accused (you are not the one who did it)
*.Necessity
*.Duress
It is important to note that you cannot be convicted of malicious damage if the property has been damaged or destroyed accidentally. This is because you did not have the intent required for malicious damage.A defended hearing requires significant preparation. It helps to have representation with expertise in Criminal law. 

The brief of evidence must be carefully dissected. Consideration must be given to whether any subpoenas should be issued, and you need a criminal defence lawyer who can stand up in Court and defend your rights.

Pleading Guilty to Malicious Damage
If you are charged with this offence and you decide to plead guilty, you will still needto appear before a Magistrate to be sentenced.

A Magistrate when sentencing you for this offence will take into accountthe facts of the case, your prior record and any subjective material you present to them at the sentencing hearing.