JUDGMENT OF THE COURT
1. This appeal is premised on only one ground; that the first appellate court erred in law by failing to observe that the appellant was not represented by an advocate both at the trial court and before it; and that amounted to breach of the appellant’s right to a fair hearing as guaranteed under Article 50(2) (g) and (h) of the Constitution of Kenya, 2010.
2. The trial was concluded on 4th May, 2005 and the appeal was determined on 20th September, 2007, long before the Constitution of Kenya, 2010 was promulgated on 27th August, 2010.
3. The facts of the case that gave rise to this appeal are simple and straight forward. The appellant was convicted of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death as by law provided. His first appeal to the High Court was unsuccessful, hence this second appeal.
4. The particulars of the offence were that on 22nd October, 2004 at Ruthingiti village, Kiambu District, the appellant, being armed …