Man Jailed For 14 Years In Robbery With Violence Case Handed Death Sentence After Appeal

A man who had been serving a 14-year jail term for robbery with violence has had his sentence upgraded to death after the Court of Appeal dismissed his appeal.

Daniel Njihia Miano was initially convicted at the Principal Magistrate’s Court in Nyahururu for the offence of robbery with violence. The court sentenced him to 14 years imprisonment following the incident that occurred on September 11, 2010, in Ritaya Village, Nyandarua District, now part of Nyandarua County.

The robbery took place at around 4:00 a.m. when Miano, together with accomplices armed with pangas and rungus, attacked the victim, Philip Karuoya Wambugu. They stole two mobile phones, a Nokia 1600 and a Vodafone 125, along with Sh2,100 in cash.

Miano appealed the conviction and sentence to the High Court. The High Court dismissed his appeal against conviction and enhanced the sentence from 14 years imprisonment to the death penalty, as prescribed by law for the offence.

Dissatisfied with the High Court’s decision, Miano filed a second appeal at the Court of Appeal in Nakuru, in Criminal Appeal No. NAK E019 of 2024. He argued that the High Court had erred in enhancing his sentence to death.

A three-judge bench comprising Justices John Mativo, Mwaniki Gachoka, and Aggrey Muchelule heard the matter. The court ruled that the death sentence is the punishment provided for under Section 296(2) of the Penal Code for robbery with violence.

The judges stated that the death sentence passed by the High Court is prescribed by law and that the Court of Appeal has no authority to interfere with a lawful sentence on a second appeal.

The bench referenced previous rulings, including the case of Mburugu versus Republic, and the Supreme Court’s directions in the Francis Karioko Muruatetu cases. The court clarified that the Muruatetu ruling applies only to mandatory death sentences for murder and does not extend to other offences such as robbery with violence.

The Court of Appeal therefore dismissed Miano’s appeal in its entirety, upholding the death sentence imposed by the High Court. The case, which has spanned more than 15 years since the incident in 2010, has now reached its final determination.