JUDGMENT OF THE COURT
[1] This is an appeal against judgment of the High Court at Kisumu, (Chemitei, J.) in Constitutional Petition No. 2 of 2011. The petition was filed by seven persons including the appellant who had either been convicted for offence of murder contrary to Section 203 as read with Section 204 of the Penal or for robbery with violence or attempted robbery with violence contrary to Section 296 (2) and 297 (2) of the Penal Code and each sentenced to death. Each had appealed to the High Court and the High Court had dismissed the respective appeals. A second appeal by each to the Court of Appeal had also been dismissed. However, by the time the joint constitutional petition was filed, the respective sentences of death had been commuted to life imprisonment by the President in accordance with the law.
[2] The petitioners challenged the constitutionality of Sections 204, 296 (2) and 297 (2) of the Penal Code and sought an order that their cases be remitted to the High Court s…