Mike Erupe v Republic

Erupe v Republic (Criminal Revision E027 of 2025) [2025] KEHC 19551 (KLR) (1 July 2025) (Ruling) Neutral citation: [2025] KEHC 19551 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT LODWAR CRIMINAL REVISION E027 OF 2025 PJO OTIENO, J JULY 1, 2025 BETWEEN MIKE ERUPE ............................................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. Upon being convicted for the ofience of defilement contrary to section 8(1) of the Sexual Offences Act and sentenced to serve an imprisonment term of 10 years, the applicant has sought to challenge that decision thrice. 2. The first challenge was by way of Lodwar HCCR Appeal No. 10 of 2020 which was withdrawn at the request of the Appellant. 3. The second was by a Miscellaneous Application No. E130 of 2023 in which he sought to be afiorded the benefit conferred by section 333(2) of the Criminal Procedure Code. The matter was heard on the merits and by a ruling dated 19/8/2024, the Application was allowed terms that the time taken in custody pending trial be reckoned with in computing the period of imprisonment. 4. Once again, the applicant has filed the current application by which he seeks that the court further revises his sentence from custodial to non-custodial. 5. Two glaring facts stand against the request by the applicant. The first is that the order of 19/8/2014 was an order on revision and it is not amenable to a second review. 6. The second hurdle against the application is the fact that by the force of stare decisis, all courts are bound to impose the statutory sentences under Sexual Offences Act. See SC Pet No. E018/2023, Republic – vs – Joshua Gichui Mwangi. 7. For the two reasons, the application for revision is determined to lack merits and is thus dismissed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19551/eng@2025-07-01 1

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