The Court of Appeal in Nakuru has dismissed an appeal by Daniel Njihia Miano, a robbery convict who was nearing the end of a 14‑year prison term, and upheld a death sentence imposed by the High Court.
In a ruling issued on March 25, 2026, a three-judge panel consisting of Justices J. Mativo, M. Gachoka, and A. O. Muchelule determined that the punishment is prescribed by law and cannot be subject to review on a second appeal.
The panel found no legal basis to interfere with the sentence imposed by the High Court.
Daniel Njihia Miano was charged with robbery with violence contrary to Section 296(2) of the Penal Code.
Court Upholds Death Sentence
The offense was committed on September 11, 2010, at around 4:00 a.m. in Ritaya Village, Nyandarua District, which was then part of Central Province.
Prosecutors told the trial court that Miano, along with other individuals not present in court, attacked Philip Karuoya Wambugu while armed with dangerous weapons, specifically pangas and rungus.
During the robbery, the attackers stole two mobile phones, a Nokia 1600 and a Vodafone 125, along with cash totaling Ksh2,100.
Also Read: How Safaricom’s Incorrect Fuliza Billing on M-PESA Led to Surprise Deductions for Kenyans
The case was heard before the Principal Magistrate’s Court at Nyahururu and, after a full trial, Miano was found guilty as charged.
The trial court convicted him of robbery with violence, an offence that carries a mandatory death sentence under the law.
He later appealed to the High Court, challenging both the conviction and the sentence.
The High Court dismissed the appeal on conviction and upheld the sentence.
Miano then moved to the Court of Appeal, filing Criminal Appeal No. NAK E019 of 2024.
The appeal arose from a High Court decision delivered on October 29, 2012.
Before the appellate judges, the key issue was whether the High Court erred by substituting an earlier sentence of 14 years’ imprisonment with the death penalty.
Robbery Conviction Tests Limits of Sentencing Power
In addressing this question, the Court of Appeal relied on recent Supreme Court and appellate decisions clarifying the scope of sentencing discretion in serious criminal cases.
Also Read: Kenyan Drivers Face Fines and Arrests After Insurer Taken Over by Regulator
The judges referred to the Court of Appeal ruling in Mburugu vs Republic, delivered in February 2025, which dismissed an appeal against a death sentence for robbery with violence.
In that case, the court held that the death penalty remains the punishment provided by law for the offence.
The court also relied on guidance from the Supreme Court in the Muruatetu cases.
It noted that the Supreme Court’s decision in Francis Karioko Muruatetu and another versus Republic only applies to mandatory death sentences for murder under Sections 203 and 204 of the Penal Code.
The Supreme Court later clarified that the Muruatetu decision does not automatically apply to other offenses, including robbery with violence or sexual offenses.
As a result, the judges stated that courts lack the authority to interfere with sentences explicitly provided by law in cases other than murder.
They stated that on a second appeal, the Court of Appeal cannot review the severity of the sentence if the sentence is lawful.
“The sentence of death passed by the High Court is prescribed by law. We are therefore unable to interfere with it,” the judges held.
According to the court, the appeal lacked merit and was dismissed in its entirety.
The decision confirms that the death penalty continues to be legal for robbery with violence in Kenya unless Parliament amends the law or the Supreme Court issues new binding directives.
The judgment was dated and delivered at Nakuru on March 25, 2026, bringing to an end a case that had been in the courts for more than 15 years since the offence was committed.
