JUDGMENT
The appellant was charged with the offence of attempted robbery with violence contrary to section 297(2) of the Penal Code. He was however, convicted of the offence of robbery with violence contrary to section 296(2) of the Penal Code. He appealed against his conviction and sentence and in the judgment dated 9th July 2017, the first appellate court (Chitembwe and Dulu JJ) set aside his conviction and substituted it with a conviction for the offence of attempted robbery with violence contrary to section 297(2) of the Penal Code. The first appellate court, however, upheld the death sentence imposed on him, noting that it was the proper sentence for the offence charged.
The information against the appellant was that on the 30th day of October 2010 at around 7.30p.m. at Mwikali village Munganga Sub-location East Wanga Location in Mumias District of Kakamega County, jointly with another not before court while armed with dangerous weapons namely pangas and rungus, he attempted to rob…