JUDGMENT OF THE COURT
The only issue of law that fall for our determination in this second appeal is the legality or otherwise of the sentence of seven years that was imposed upon the appellant by the trial court, and on appeal before the High Court, it was enhanced to death. Charles Muriuki Mwangi the appellant in this appeal was charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code before the Principal Magistrate at Karatina. Upon trial, he was convicted of a lesser cognate offence of simple robbery and sentenced to 7 years. Being dissatisfied only with the sentence, the appellant appealed before the High Court, Wakiaga and Ombwayo, JJ., enhanced the sentence from seven years to death sentence pursuant to the powers donated under the provisions of Section 354(3) of the Criminal Procedure Code.
The background information was that on 15th August, 2007 at about 8 p.m., Anthony Nginga Kimini (PW 2) who was the complainant in this matter was walkin…