JUDGMENT OF THE COURT
The appellant herein, VINCENT GATHU MBUGUA, was charged with robbery with violence contrary to section 296 (2) of the Penal Code but was after a protracted trial convicted of robbery contrary to section 296 (1) of the Penal Code by the Senior Resident Magistrate, Narok, and sentenced to ten years’ imprisonment with ten strokes of the cane. He preferred an appeal before the High Court of Kenya at Nakuru (Musinga J) and when it came up for hearing, the learned Judge, pursuant to a notice of enhancement of the sentence, dismissed the appeal and revised the conviction to robbery with violence contrary to section 296 (2) of the Penal Code and sentenced the appellant to death.
Mr. Simiyu, advocate for the appellant, has drawn our attention to the provisions of section 359 (1) of the Criminal Procedure Code which refers to the hearings of appeals by two judges. Since the practice by the High Court is that appeals be heard by two judges unless there is a written authority …