By Issa Hussein - Reporter
Kenya, July 13 ,2026 - The Court of Appeal has upheld the conviction and death sentence of a man found guilty of robbery with violence, handing the Office of the Director of Public Prosecutions (ODPP) another appellate victory.
A three-judge bench dismissed an appeal by Mwanzia Mbithi, affirming the decisions of both the trial court and the High Court, which had convicted him over a violent robbery committed in Nairobi in 2016.
Court records show that Mbithi robbed Abdi Ahmed Hussein of 15 mobile phones worth KSh183,050 while using violence during the attack along Ronald Ngala Street on October 22, 2016.
In its judgment, the appellate court found that the conviction was supported by credible, consistent and corroborated evidence, ruling that both the trial court and the High Court had properly evaluated the prosecution's case.
"The sentence meted against him was as prescribed by law, and therefore the High Court did not err by upholding both the conviction and the sentence. This appeal is therefore devoid of any merit and is hereby dismissed," the judges ruled.
The court noted that Section 296(2) of the Penal Code prescribes the death penalty for the offence of robbery with violence.
The judges also dismissed the appellant's claims that there were material inconsistencies in the prosecution's evidence, saying the discrepancies raised were minor and did not weaken the case against him.
On identification, the bench held that Mbithi had been positively identified and agreed with the findings of the lower courts that the evidence was sufficient to sustain the conviction.
The Court of Appeal further rejected Mbithi's argument that his constitutional rights had been violated because he lacked legal representation during the trial. The judges ruled that the issue could not be considered at the second appellate stage since it had neither been raised nor determined by the High Court.
The ruling means Mbithi will continue serving the death sentence imposed by the trial court after exhausting his appeals before both the High Court and the Court of Appeal.
The appeal was prosecuted by State Counsel Njoki King'ara on behalf of the Director of Public Prosecutions.
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