JUDGMENT OF THE COURT
The appellant Hillary Kemboi Seurei, was charged with the offence of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of the offence were that on 8th April 2008 at Ketiplong farm in Uasin Gishu District, within the former Rift Valley Province, while armed with a knife he robbed the complainant of Kshs. 300/-, and immediately before or immediately after used violence on the complainant, Sosten Ruto (PW 1).
Upon consideration of the entire evidence, the learned trial magistrate found that the prosecution had proved its case to the required standard, and convicted the appellant and sentenced him to death as by law prescribed.
Aggrieved by that decision, the appellant appealed to the High Court against both the conviction and sentence. The High Court upheld the decision of the trial court, and dismissed his appeal.
Further aggrieved by the High Court’s decision, the appellant lodged this appeal setting out five grounds of appeal which…