Simatia v Republic / State [2025] KEHC 10680 (KLR)

Simatia v Republic / State (Criminal Revision E030 of 2025) [2025] KEHC 10680 (KLR) (23 July 2025) (Ruling)

Neutral citation: [2025] KEHC 10680 (KLR)

Republic of Kenya

In the High Court at Kapenguria

Criminal Revision E030 of 2025

RPV Wendoh, J

July 23, 2025

Between

Samwel Simatia

Applicant

and

Republic / State

Respondent

(From original conviction and sentence of CM.CRI. C. NO. E002 OF 2024)

Ruling

1. On 30/09/2024, the applicant Samwel Simatia was sentenced to four (4) years imprisonment by the Chief Magistrate for the Offence of Stock Theft contrary to section 278 of the Penal Code.

2. He has brought an application seeking to have this court consider the period he was in remand before conviction and include it in the sentence. The trial court did not indicate that it had factored the period the applicant stayed in remand in the sentence.

3. Under section 333(2) of the Criminal Procedure Code, I hereby order that the applicant’s sentence of four (4) years do commence on 8/1/2024 when he was arraigned in court for plea.It is so ordered.File closed.

DATED, SIGNED AND DELIVERED AT KAPENGURIA ON 23RDDAY OF JULY, 2025HON. R. WENDOHJUDGERuling delivered in chambers.