Amos Ekale Erupe v Republic

Erupe v Republic (Criminal Revision E346 of 2025) [2025] KEHC 17979 (KLR) (3 December 2025) (Ruling) Neutral citation: [2025] KEHC 17979 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CRIMINAL REVISION E346 OF 2025 RN NYAKUNDI, J DECEMBER 3, 2025 BETWEEN AMOS EKALE ERUPE ............................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged of stealing contrary to Section 268 as read with Section 278 of the Penal Code. The brief facts are on the 3rd day of January 2025, at Miti Mbao area in Moi’s Bridge town Soy Sub County within Uasin Gishu County, stole one mobile make Tecno pop 5 valued at Kshs. 11,000/ = the property of Paul Umbuge. 2. The Applicant pleaded guilty and was sentenced to a fine of Kshs. 20,000/= in default 12 months’ imprisonment on 19th March 2025. Subsequently, the applicant approached the court vide Criminal Revision No. E140 of 2025 in which the court perused through the record and dismissed the application for review vide the Ruling dated 6th August, 2025. 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 officio 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. 4. No further orders. SIGNED, DATE AND DELIVERED AT NOVEMBER THIS 3RD DAY OF DECEMBER, 2025. ……………………………………. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17979/eng@2025-12-03 1

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