GEOFFREY ANAYA ALIAS KIBITO V. REPUBLIC

JUDGMENT

1. The appellant challenges the decision of E.C Mwita J sitting in Kakamega in which the learned judge dismissed the appellant’s appeal and affirmed the death sentence imposed by the trial court.

2. In his memorandum of appeal dated 25th September, 2020, the appellant contends that the first appellate court erred in law for failing to set aside the death sentence since its mandatory nature was declared unconstitutional.

3. The appellant had been charged and was convicted of the offence of robbery with violence (count I) contrary to section 295 as read with section 296(2) of the Penal Code. The particulars of the offence were that on the 18th February 2013 at [Particulars withheld] village in Vihiga County within western province jointly with others not before court, while armed with offensive weapons, pangas, rungus, iron bars and bright torches, robbed NNO of a mobile phone make Nokia, 6kg gas cylinder of Total gas, JVC CD portable, 3 hand bags, two school bags containing books a purse …