SILVESTER MATEKWA WANYAMA V. REPUBLIC

JUDGMENT

1. In this appeal, the appellant, Silvester Matekwa Wanyama raises a single complaint against the decision of the High Court at Kakamega (R. Sitati and N. Mwangi, JJ.) made on 28th January, 2016. By that decision the court dismissed the appellant’s first appeal against his conviction and the sentence of death meted upon him by the Chief Magistrate’s Court at Kakamega, for the offence of robbery with violence.

2. The appellant does not contest conviction. His sole complaint in the memorandum of appeal dated 25th March, is as follows;

   “The learned Judges erred in upholding the death sentence delivered by the trial court to the appellant with no due regard that the mandatory nature of the sentence was declared unconstitutional as per the law.”

   In arguments before us, the appellant’s learned counsel, Mr. Mirembe, sought to rely on the Supreme Court’s decision in Francis Karioko Muruatetu & Another -vs- Republic [2017] eKLR, a decision rendered on the 14th of December, 2017, popularly refer…