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 Cell phone all valued at Kshs. 13,040/- and immediately before the time of such robbery threatened to use violence against the said ABRAHAM ROTICH.
2. The mandatory death sentence was found unconstitutional by the Supreme Court in Francis Karioko Muruatetu and Another v. Republic SCK Pet. No. 15 OF 2015 [2017] eKLR. The same principle was applied to the offence of robbery with violence under section 296(2) of the Penal Code by the Court of A…