JUDGMENT
This is a second appeal arising from the judgment of the High Court at Malindi (W. Korir, J.) dated 31st January 2019. The appellant was charged before the Chief Magistrate’s Court at Malindi in Criminal Case No. 859 of 2016 with seven counts of robbery with violence contrary to Section 296(2) of the Penal Code. The appellant was unrepresented throughout the trial. The appellant was eventually found guilty in respect of five of the seven counts and sentenced to suffer death.
Aggrieved by the conviction and sentence, the appellant lodged an appeal on various grounds in Malindi High Court Criminal Appeal No. 38 of 2017. Again, the appellant conducted his appeal in person. The learned Judge upheld the conviction by the Chief Magistrate’s court but varied the sentence of the Chief Magistrate’s Court from a death sentence to 15 years imprisonment for each of the five counts, running concurrently with effect from 3rd November 2017.
Still aggrieved by the decision of the High Court, th…