Samuel Kadeli v Republic

Kadeli v Republic (Criminal Revision E337 of 2025) [2025] KEHC 17935 (KLR) (3 December 2025) (Ruling) Neutral citation: [2025] KEHC 17935 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CRIMINAL REVISION E337 OF 2025 RN NYAKUNDI, J DECEMBER 3, 2025 BETWEEN SAMUEL KADELI .................................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING Representation: M/s Sidi Kirenge for the State 1. The applicant was charged of stealing contrary to section 268(1) as read with section 275 of the Penal Code. The brief facts are on the 22nd day of May 2024, at 0200hrs at Soy “A” village in Soy Sub County within Uasin Gishu County, stole one circuit breaker S/No 1327 of meter No 21519527 valued at Kshs 8,000/= the property of KPLC. 2. The Applicant pleaded guilty and was sentenced to serve 2 years’ imprisonment. This court considered the said sentence and the nature of the ofience and the vide the court’s ruling dated 23rd December, 2024 in Criminal Revision, E418 of 2024 the applicant was placed on a non-custodial sentence. 3. Therefore, this matter has already been comprehensively considered and determined by this Court. Having exercised its revisional jurisdiction and disposed of the application, this Court is now functus oficio and cannot revisit or re-determine the same matter. The principle of finality in judicial proceedings precludes this Court from entertaining a second revision application on the same subject matter, as this would amount to an impermissible attempt to re-litigate an issue that has already been conclusively decided. Accordingly, the file is marked as closed. No further orders. 4. It is so ordered. SIGNED, DATE AND DELIVERED AT NOVEMBER THIS 3RD DAY OF DECEMBER, 2025. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17935/eng@2025-12-03 1

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