JUDGMENT OF THE COURT
The appellant was convicted on a charge of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death although the appellant had told the trial court that he was aged 17 years. On the appeal to the High Court the High Court substituted the conviction of robbery with violence with simple robbery contrary to section 296(1) of the Penal Code and sentenced the appellant to ten (10) years imprisonment.
The appellant now comes to us by way of second appeal. Mr. Mbugua for the appellant has told us that he is appealing against the sentence only.
It is to be noted that before being sentenced by the trial court the appellant had said that he was aged only 17 years. For that reason the trial court made an order to the effect that the appellant’s age be assessed. There was some delay in obtaining the medical report on the appellant’s age. It would appear the trial court became impatient and hence proceeded to sentence the appellant to death in …