JUDGMENT OF THE COURT
[1] Joseph Mwendo Katete who is the appellant was tried and convicted by the Chief Magistrate’s Court at Makadara Law Courts for the offence of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced to fourteen (14) years imprisonment. Being dissatisfied with the judgment of the trial magistrate, he appealed to the High Court against his conviction and sentence. The High Court (Muchemi and Odunga, JJ.), dismissed his appeal against conviction and having found the sentence meted against him to be contrary to the mandatory death sentence provided under section 296(2) of the Criminal Procedure Code, substituted the sentence of 14 years imprisonment with a death sentence.
[2] The appellant is now before us in this second appeal in which he is represented by learned counsel, Mike Mutinda. In the supplementary grounds of appeal, which was relied upon by the appellant, five grounds have been raised. In effect, the grounds challenge the judgme…