https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10990
The application was declined because the applicant had already sought and obtained the same relief in Miscellaneous E030 of 2025, where the court ordered that sentence would run from 24/1/2024; the court therefore could not revisit the identical prayer.
Source-derived case information.
- Citation
- [2026] KEHC 10990 (KLR)
- Parties
- Applicant: Samwel Simatia; Respondent: State
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E010 of 2026
- Procedural Posture
- Criminal Revision / Ruling on Application
- Outcome
- Application declined.
- Judges
- ["RPV Wendoh"]
- Legal Topics
- Revision, Sentence Computation, Section 333(2) Criminal Procedure Code, Res Judicata / Repeated Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samwel Simatia
Applicant
State
Respondent
Procedural Posture
Criminal Revision / Ruling on Application
Legal Issues
- 1 Whether the applicant could be granted the same relief on sentence commencement already determined in a prior application.
- 2 Whether the court could revisit a prayer previously decided in Miscellaneous E030 of 2025.
Ratio Decidendi
The application was declined because the applicant had already sought and obtained the same relief in Miscellaneous E030 of 2025, where the court ordered that sentence would run from 24/1/2024; the court therefore could not revisit the identical prayer.
Court Disposition
Application declined.
Orders
- File closed.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KAPENGURIA.** **CRIMINAL REVISION NO. E010 OF 2026** (FROM ORIGINAL CONVICTION AND SENTENCE OF CM.CRI.C. NO. E002 OF 2024) **(CORAM – HON. R.P.V. WENDOH. JUDGE)** **SAMWEL SIMATIA ………………………………………..… APPLICANT** * **V E R S U S –** **STATE ……………………………………………………..… RESPONDENT** **RULING** In Miscellaneous E030 of 2025, the applicant **Samwel Simatia** made a similar application under section 333(2) of the Criminal Procedure Code and the court ordered that his sentence commences on the date he was arraigned in court for plea, that is 24/1/2024. The court cannot revisit the same prayer Application declined. File closed. Dated signed and delivered at Kapenguria on 16th day of July, 2026 **HON. R. WENDOH.** **JUDGE.**