JUDGMENT
The appellant, Dennis Simiyu alias “Andinunu”, is currently condemned under a sentence of death imposed on him by the Eldoret Chief Magistrate’s Court on 5th December, 2011 upon being convicted of the offence of attempted robbery with violence. The particulars of the offence, which the trial court found to have been proved, were that on the 26th day of February, 2011 at Bondeni village, Nzoia location in Lugari district within Western province, jointly with others while armed with offensive weapons, namely, a rungu and a panga, he attempted to rob Richard Mage of his bag valued at Ksh.1200 and immediately before the time of such attempted robbery wounded him.
Upon conviction and sentence the appellant preferred an appeal against the sentence before the High Court. The appeal was heard and dismissed on 30th October, 2014 by Kimondo and Ngenye-Macharia, JJ. provoking the instant appeal.
The appeal is based on four (4) grounds which are that, the learned judges erred by upholding t…