Magera v Republic (Miscellaneous Application E007 of 2023) [2026] KEHC 5101 (KLR) (22 April 2026) (Ruling)

The sentence imposed should run from the date the applicant was first taken into custody, in accordance with Section 333(1) of the Criminal Procedure Code.

Citation: [2026] KEHC 5101 (KLR)
Parties: Applicant: Benson Magera; Respondent: Republic
Court: High Court
Jurisdiction: Kenya
Judgment Date: 22 April 2026
Case Number: Miscellaneous Application E007 of 2023
Procedural Posture: Miscellaneous Application / Ruling
Outcome: Application allowed
Legal Topics: Sentencing, Robbery With Violence, Section 333(1) Criminal Procedure Code
Source Language: English

Criminal Law Sentencing Robbery With Violence Section 333(1) Criminal Procedure Code

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Parties

Benson Magera

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

1 Whether the sentence should run from the date of arrest or conviction as per Section 333(1) of the Criminal Procedure Code

Ratio Decidendi

The sentence imposed should run from the date the applicant was first taken into custody, in accordance with Section 333(1) of the Criminal Procedure Code.

Court Disposition

Application allowed

Orders

The ten (10) years imprisonment sentence imposed on 13th May 2020 shall run from 8th February 2019.