Republic v Esike (Criminal Case E281 of 2026) [2026] KEMC 364 (KLR) (30 July 2026) (Sentence) Neutral citation: [2026] KEMC 364 (KLR) REPUBLIC OF KENYA IN THE MALABA LAW COURTS CRIMINAL CASE E281 OF 2026 AZ OGANGE, RM JULY 30, 2026 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND ERICKSON KARAKACHA ESIKE ............................................................ ACCUSED SENTENCE 1. The accused person was charged with the ofience of stealing contrary to section 268 as read with section 275 of the Penal Code and a second count of ofiensive conduct contrary to section 94(1) of the Penal Code. He pleaded guilty to both counts at the earliest opportunity and was convicted on his own plea. 2. In mitigation, the accused prayed for leniency. The court also called for a pre-sentence report to assist in determining an appropriate sentence. 3. The pre-sentence report reveals that the accused resides with his mother and has no independent residence. The report further indicates that he has persistently stolen from his mother, depriving her of the little income she earns to sustain herself. On the material day, after taking the complainant's money, his mother and sister pursued him in an attempt to recover it. Instead of cooperating, he became aggressive, attacked them, and members of the public had to intervene before he was escorted to the police station. He continued to utter profanities, giving rise to the second count. The accused confirmed that the contents of the report were correct but nevertheless sought the court's mercy. 4. The court has considered the mitigating factors, including the accused's plea of guilty, which saved judicial time, and the fact that he accepted the contents of the pre-sentence report. However, the court must also weigh the aggravating circumstances. The complainant is the accused's own mother. Rather than protecting and supporting her, he repeatedly targeted her as the victim of his criminal conduct. The pre-sentence report paints a picture of a family living in fear, with the complainant stating that they have only found peace during the accused's incarceration. The conduct demonstrates a pattern https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/364/eng@2026-07-30 1
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of ofiending within the home and an apparent disregard for the welfare and dignity of close family members. 5. Sentencing serves several objectives, including punishment, deterrence, rehabilitation, denunciation of unlawful conduct, and protection of victims and the community. In the circumstances of this case, a non-custodial sentence would neither protect the complainant nor adequately refiect the seriousness of the ofiences. Equally, while the accused requires rehabilitation, such rehabilitation should take place within a structured custodial environment. 6. Accordingly, I sentence the accused as follows: Count I (Stealing): The accused is sentenced to eighteen (18) months' imprisonment. Count II (Ofiensive Conduct): The accused is sentenced to six (6) months' imprisonment. The sentences shall run concurrently. The sentences shall run from 15th June 2026 when the accused person was remanded in custody. It is so ordered. 14days Right of Appeal. RULING DATED, SIGNED AND DELIVERED IN OPEN COURT AT MALABA SENIOR PRINCIPAL MAGISTRATES COURT THIS 30TH DAY OF JULY, 2026. A.Z. OGANGE RESIDENT MAGISTRATE In the Presence of Erick Karakacha the Accused Person present in Person Mr. Rotich- Prosecution Counsel Court Assistant: Paul Otieno https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/364/eng@2026-07-30 2
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