A man from Molo, Nakuru county has been been given a death sentence after he stole a pair of slippers, a pair of shoes and a wrist watch.
A Nakuru Magistrate sentenced Samuel Ndung'u for seven years in prison in 2015 for stealing the items belonging to a child but Ndung'u, aggrieved with the conviction decided to appeal at the High Court.
The High court enhanced the sentence to a death sentence.
Ndung'u would go ahead to file a second appeal before a three-judge bench composed of justices Phillip Waki, Roselyne Nambuye and Patrick Kiage hoping that he could get his freedom back.
However, Court of Appeal has upheld the death penalty ruling that the State has proved the robbery with violence charge without doubt.
"The position in law is that due process had to be followed for the proof or otherwise of the offence charged. In the instant appeal, due process of the law was followed and the offence established and proved to required threshold against the appellant. We cannot therefore, interfere with their concurrent findings on guilt and punishment. In the result we find no merit in this appeal. It is dismissed in its entirety," the appeal court was quoted on the Standard.
Evidence brought before the court showed that Ndung'u ,together with an accomplice stole the items in broad daylight.
The incident occurred in Molo, Nakuru County. The court was told that on June 6, 2011 Samuel Macharia on his way home noticed two men standing at his gate.
The old man ignored the two and entered his compound only for them to force their way in.
The duo then went for Macharia's grandchild's pair of slippers and shoes that had been left out.
Macharia raised alarm as he grabbed Ndung'u and wrestled him to the ground. Passers by heard his cry and assisted him to arrest Ndung'u while his accomplice escaped.