When Barmoti Simpano filed for an appeal in 2021, against a 10-year jail term sentence he did not expect the High Court to rule that the trial court's decision was too lenient.
Simpano was on July 13, 2021, charged with robbery with violence contrary to section 295 as read with section 296 (2) of the Penal Code, which attracts a death penalty.
He was charged alongside Nairoti Dobirr who he was with on the day the offence was committed.
The court heard that on May 7, 2018, at around 1 pm the two jointly robbed Julius Sang of his motorcycle worth Sh90,000 and Sh4,100.
The total value of the robbery was Sh94,100.
They were armed with weapons including rungus which they used to assault Sang after the crime which took place at Nkoswani trading centre in Narok West, Narok.
They were also charged with an alternative charge of handling stolen goods contrary to section 322(1) and (2) of the Penal Code.
The state called six witnesses while the defense gave unsworn testimonies and did not call any witnesses.
Simpano was found guilty and sentenced to serve 10 years imprisonment but was dissatisfied with the decision.
In his appeal filed on July 22, 2021, the convict cited seven grounds but later abandoned six.
On May 29, 2023, Simpano told the court that he would appeal on the grounds of time spent in custody.
Upon determination and application, Nakuru High Court Judge Francis Gikonyo found that the trial court had considered Simpano's mitigation and pre-sentence report.
It also noted that he had been in custody since his arrest on May 7, 2018, prompting the High Court judge to dismiss the appeal.
"In the circumstances and facts of this case, the court finds the sentence of ten years’ imprisonment for robbery with violence to be too lenient," Gikonyo ruled.
"For clarity, the sentence shall commence from July 13, 2021, the date the sentence was pronounced. The appeal is accordingly dismissed."
