A man who stole a pair of slippers, a pair shoes and a wrist watch has been condemned to death.
Samuel Ndung'u had initially been sentenced to seven years in prison by the Magistrates Court for using a metal rod to steal the items which belonged to a child.
But aggrieved with his conviction in 2011, he moved to the High Court which enhanced the sentence.
The Court of Appeal has upheld the death penalty, saying the State has proved the robbery with violence charge.
He had filed 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.
"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 ruled.
According to the evidence before the court, 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 was on his way home when he noticed two men standing at his gate.
The old man ignored the duo and entered his compound only for them to force their way in.
The robbers went for Macharia's grandchild's pair of slippers and shoes that had been left out to dry.
Macharia raised alarm as he grabbed Ndung'u and wrestled with him to the ground. Passers by heard his cry and assisted him to arrest Ndung'u. His accomplice escaped.
"We also find that the violence meted on the complainant was in the assailant's attempt to prevent the complainant from thwarting the said robbery," said the judges.
