JUDGMENT OF THE COURT
The appellant in this matter abandoned his appeal on conviction, and we think he was well advised to do so. Instead, he relied on one ground of appeal in a supplementary memorandum of appeal filed by his counsel Mr. C.K. Okara, challenging the legality of the sentence of death meted out on him.
The appellant was charged and tried before Bungoma Chief Magistrate, R. Nyakundi, Esq. for the offence of attempted robbery with violence contrary to Section 297(2) of the Penal Code. The particulars were that on the 13th day of June, 2008 at Muyayi Village in Bungoma District, jointly with others not before the court, while armed with dangerous weapons namely pangas and rungus attempted to rob Edward Khaemba of his unregistered motor cycle make TVs star valued at Kshs.100,000/= and at or immediately before or immediately after the time of such attempt used actual violence to the said Edward Khaemba. After hearing four prosecution witnesses and the appellant in his defence t…