Robert Kamboti Mburu v Republic

Mburu v Republic (Miscellaneous Application E217 of 2024) [2026] KEHC 2156 (KLR) (24 February 2026) (Ruling) Neutral citation: [2026] KEHC 2156 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU MISCELLANEOUS APPLICATION E217 OF 2024 JM NANG'EA, J FEBRUARY 24, 2026 BETWEEN ROBERT KAMBOTI MBURU ............................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant prays for invocation of the Provisions of Section 333(2) of the Criminal Procedure Code in his sentencing so that the period he was in remand custody awaiting trial is taken into account . He seemingly wants the custodial sentence imposed against him to commence from the date of his arrest. The Application is brought vide a Chamber Summons dated 11th September 2024 filed herein. 2. The Prosecution Counsel (Daniel Wakasyaka) opposes the Application, telling the court that the lower court had given the Applicant credit for the period he was in remand custody awaiting trial. 3. The Applicant had been charged in the Chief Magistrate’s Court at Nakuru (Criminal Case No. E409 of 2014) for the ofience of a Robbery with violence contrary to section 296(2) of the Penal Code. It was alleged that on night of 6th and 7th February 2014 at Sigotik area, Kihingo Division, of Njoro Sub-County, within Nakuru County he jointly with others rob one Joseph Mwangi Mucami of a vehicle registration No. KBK 710 Y Toyota NZE 121, cell phone Make Nokia and a driving license and, immediately thereafter used actual violence against the victim. 4. The Applicant and his co-accused denied the ofience. After full trial they were convicted and the Applicant was sentenced to 25 years imprisonment. On appeal to this court vide Criminal Appeals Nos. 97 and 100 of 2018 (Consolidated), my brother (H.K. Chemitei, Judge) dismissed the Appeal. 5. As to whether or not Section 333 (2) of the Criminal Procedure Code was complied with, the record of the lower court does in fact indicate so as noted by the Prosecution Counsel. It is not shown that the Prison Authorities have not complied with the court’s order. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2156/eng@2026-02-24 1

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