Republic v Erarut (Criminal Case E245 of 2026) [2026] KEMC 317 (KLR) (16 July 2026) (Sentence) Neutral citation: [2026] KEMC 317 (KLR) REPUBLIC OF KENYA IN THE MALABA LAW COURTS CRIMINAL CASE E245 OF 2026 AZ OGANGE, RM JULY 16, 2026 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND KEN ERARUT .............................................................................................. ACCUSED SENTENCE 1. The accused person was presented before this court on 18th May 2026 and charged with the ofience of Stealing Stock contrary to section 278 of the penal code. The charge and every ingredient thereof were explained to him in Swahili being the language he understood, and despite being cautioned on the nature and seriousness of the ofience, he maintained his plea of guilty. The facts were subsequently read on 2nd June 2026, and he admitted them without qualification. 2. The facts disclose that on the material day, the complainant had taken his cattle out to graze at about 1.00 p.m. Upon returning at about 5.00 p.m., he discovered that one bull was missing. Police oficers later received information that a person was attempting to sell a bull near the Malaba Railway area. They posed as prospective buyers, leading to the arrest of the accused person while in possession of the stolen bull. 3. In mitigation, the accused prayed for leniency, attributing his actions to economic hardship. The Court consequently called for a pre-sentence report to assess his suitability for a non-custodial sentence. The report, however, paints an unfavorable picture. It reveals that the accused is a repeat ofiender for a similar ofience and that he has developed a pattern of stealing, exposing his family to social stigma. The probation oficer did not recommend a non-custodial sentence. In his final submissions after the report was explained to him, the accused once again pleaded for a non-custodial sentence, stating that he has a sick child and is the sole breadwinner of his family. https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/317/eng@2026-07-16 1
page 1 of 2
4. I have considered the accused's person plea of guilty, which saved the Court's time, his mitigation, and the pre-sentence report. I have equally considered the prevalence and seriousness of the ofience of stock theft, which adversely afiects the livelihoods of members of the Iteso community whose economic well-being depends on livestock. While the accused's personal circumstances evoke sympathy, they cannot outweigh the need to protect the public where the ofiender has demonstrated a pattern of engaging in similar criminal conduct. His previous involvement in a similar ofience and the negative assessment contained in the pre-sentence report persuade the Court that a non-custodial sentence would neither serve the interests of justice nor meet the objectives of sentencing, particularly deterrence, rehabilitation, and protection of the community. 5. Accordingly, I decline the request for a non-custodial sentence. The accused is hereby sentenced to three (3) years' imprisonment. The Sentence shall run from 18th May 2026 when he was remanded in custody. 6. 14 days Right of Appeal. RULING DATED, SIGNED AND DELIVERED IN OPEN COURT AT MALABA SENIOR PRINCIPAL MAGISTRATES COURT THIS 16TH DAY OF JULY, 2026. A. Z. OGANGE RESIDENT MAGISTRATE 16.07.2026 In the Presence of; Ken Erarut the Accused Person present in Person Mr. Rotich - Prosecution Counsel Court Assistant: Paul Otieno https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/317/eng@2026-07-16 2
page 2 of 2