Tough Punishment Kenyans Face for Buying Stolen Phones

Kenyans who buy stolen phones are liable to imprisonment with hard labour if found guilty in court.

Recently, the Directorate of Criminal Investigations (DCI) arrested suspects in possession of phones stolen from retail shops and individuals, planning to sell them locally and across the borders.

Photos shared by the DCI show suspects holding a board, which indicates the suspects would be charged with handling stolen property contrary to Section 322 (2) of the Penal Code.

"A person who handles stolen goods is guilty of a felony and is liable to imprisonment with hard labour for a term not exceeding fourteen years," the Penal Code writes.

Ignorance is no defence

Kenyans who purchase the stolen phones will not use their lack of knowledge that the goods were stolen as a defence in court.

"Where a person is charged with an offence under this section, it shall not be necessary to allege or prove that the person charged knew or ought to have known of the particular offence by reason of which any goods are deemed to be stolen goods," Section 4 (a) reads in part.

The prosecution will only be required to produce evidence if the person charged no longer has the stolen property, but assisted in its retention, removal and disposal of the stolen goods.

In a past interview, Mombasa Central Police Station OCPD Nicholas Chalulot reiterated the law when he warned Kenyans against buying stolen phones.

"The thief led us to the shop where he sold the stolen phones, and we arrested two buyers. To those purchasing these stolen phones, there is no difference between you and the thief," Chalulot said.

Imprisonment with hard labour means that upon conviction, the accused will undertake tasks while serving their sentence. This will be determined by the Commissioner of Prisons or the Prison Wardens.

These include carpentry and furniture making, tailoring and upholstery, metal work and number plate making, construction, farming and agricultural activities, and soap making.

Section 5 of the Earning Scheme, Kenya Prisons Standing Orders, 1979, indicates that the rates for hard labour range between 10 and 20 cents per day.

Real Stories

Mohammed Hamisi, a master of ceremonies (MC) based in Nairobi, gave his personal account on how buying a stolen phone landed him in prison.

He claimed that in 2017, a friend brought him an iPhone, a smart watch and a speaker, and asked him to give him credit of Ksh20,000, which he would refund and take back the three gadgets. Hamisi agreed and kept the items.

However, he did not use the phone for three months, until one day his phone got damaged. The MC inserted his sim card in the phone, and that was when his troubles began.

"Within one hour, I started receiving numerous calls and within no time, a Subaru pulled up, and I was arrested. The men showed me my photo and accused me of being a criminal," he stated.

He tried to inform him that the phones belonged to his friend. The officers told him that the three gadgets were stolen from an individual.

"I told them that I was just a broker and gave them the phones and told them I didn't want any trouble. I was whisked into the vehicle in 2017 and was imprisoned until 2020," he stated.