Criminal Procedure Code
187. Charge of Burglary, etc.
187. Charge of Burglary, etc.
When a person is charged with an offence mentioned in Chapter XXIX of the Penal Code (Cap. 63) and the court is of the opinion that he is not guilty of that offence but that he is guilty of another offence mentioned in that Chapter, he may be convicted of that other offence although he was not charged with it.Source: Kenya Law