REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
CORAM: D.S. MAJANJA J.
CRIMINAL APPEAL NO. 164 OF 2015
BETWEEN
SOLOMON SAMBU KIRWA............................................APPELLANT
AND
REPUBLIC.......................................................................RESPONDENT
(Being an appeal from the original conviction and sentence of Hon. C. Obulutsa, SPM
dated 13th May 2015 at Eldoret Magistrate’s Court in Criminal Case No. 5161 of 2014)
JUDGMENT
1. At the hearing of this appeal the appellant, SOLOMON SAMBU KIRWA, informed the Court that he was only pursuing the issue of sentence as he had been convicted and sentenced to death for the offence of robbery with violence contrary to section 296 (2) of the Penal Code (Chapter 63 of the Laws of Kenya). The particulars of the offence were that on 31st July 2014 at Chepngoror Village in Eldoret East District within Uasin Gishu County, jointly with another person, he robbed ABRAHAM ROTICH of Kshs. 8,000/-, a Family Bank ATM Card and a Techno…