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MagistratePartially AllowedNot stated in the judgment· [2026] KEMC 390 (KLR)

Republic v Majimbo (Criminal Case E380 of 2024) [2026] KEMC 390 (KLR)

Magistrates' Court
27 July 2026
ANAnne Njeru
3,524 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court convicted a man of demolishing a public latrine and stealing its materials, ruling that an administrator's order cannot justify destroying public property.

What this practically means

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Executive summary

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The accused was charged with malicious damage to property contrary to section 339(1) of the Penal Code, stealing contrary to section 268(1) as read with section 275, and an alternative count of handling stolen property contrary to section 322(1)(2). The charges arose from the demolition on 6 September 2024 of a public latrine at Munani Village, Bunyala Sub-County, built by NG-CDF Budalangi and valued at Kshs 261,585. Eleven prosecution witnesses, including the CDF chairman, the Sub-County Public Health Officer and two labourers hired for the job, testified that the accused organised, supervised and participated in the demolition and directed that the removed iron sheets, timber and doors be taken to his home. Eleven witnesses also recalled that at a public baraza on 5 September 2024 the Assistant Chief had proposed demolition, a proposal the public rejected. The accused denied involvement, claiming he was in Busia and that the Assistant Chief had authorised the demolition. The court, per Hon. Anne Njeru, Senior Resident Magistrate, held that ownership, destruction, causation and wilfulness/unlawfulness were all proved, that failure to prove land ownership was not fatal since the charge concerned the structure, and that even a lawful-sounding order from an Assistant Chief could not authorise destruction of public property. On stealing, the court held that non-recovery of the items was immaterial where fraudulent taking was proved. The accused was convicted on Counts I and II under section 215 of the Criminal Procedure Code and acquitted on the alternative handling count.

Key legal issues

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01

Whether malicious damage to property was proved

Holding

Proved beyond reasonable doubt; the accused wilfully and unlawfully damaged the public latrine.

Reasoning

The court applied the four elements from Timothy Mutuku Kitonyi v Republic: ownership, destruction, causation by the accused, and wilfulness/unlawfulness. Documentary and oral evidence proved NG-CDF ownership; multiple witnesses placed the accused at the scene organising, supervising, paying and participating in the demolition. Blaming the Assistant Chief availed him nothing since that authority was unlawful and no witness saw the Chief demolish the latrine.

p. 5
02

Whether stealing was proved

Holding

Proved; the accused fraudulently appropriated the iron sheets, timber and door.

Reasoning

Applying section 268(1) of the Penal Code and Katana Kitsao v Republic, the court held recovery is not essential where there is fraudulent taking. Five witnesses consistently testified that the accused directed that the removed materials be carried to his home; this consistent evidence established appropriation with intent to permanently deprive.

p. 6
03

Whether the alternative count of handling stolen property stood

Holding

The alternative count could not stand once the principal count of stealing was proved.

Reasoning

An alternative charge arises only where the principal charge is not proved. Having convicted on stealing, the handling charge was overtaken and the accused was acquitted on it. The accused's complaints about ownership of land, absence of photographs, absence of receipts and non-recovery did not raise reasonable doubt.

p. 6

Legal principles established

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  • Recovery of stolen property is not an essential ingredient of the offence of stealing; the offence is complete upon fraudulent taking.
  • Failure to prove ownership of the destroyed property is not fatal to a charge of malicious damage to property.
  • A subordinate officer possesses no legal authority to order the destruction of public property.

Court orders

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  1. 1.The accused is convicted on Count I for the offence of malicious damage to property contrary to section 339(1) of the Penal Code pursuant to section 215 of the Criminal Procedure Code.
  2. 2.The accused is convicted on Count II for the offence of stealing contrary to section 268(1) as read with section 275 of the Penal Code pursuant to section 215 of the Criminal Procedure Code.
  3. 3.The accused is acquitted on the alternative count of handling stolen property.
Jurisdiction invoked
Original criminal jurisdiction under the Penal Code and Criminal Procedure Code

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v Majimbo (Criminal Case E380 of 2024) [2026] KEMC 390 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/390/eng@2026-07-27

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.