Kenya's Court of Appeal last week upheld the death sentence against Daniel Njihia Miano, who had appealed his original 14-year prison term. Miano was convicted of robbery with violence in a September 2010 attack in Ritaya village, Nyandarua County. The ruling highlights the risks of appealing criminal convictions.
Daniel Njihia Miano appealed his December 2010 sentence of 14 years for simple robbery. The incident occurred in September 2010 in Ritaya village, Nyandarua County, where Miano and accomplices attacked Philip Karuoya Wambugu, stealing Sh2,100 and two mobile phones worth Sh6,750 using pangas and clubs.
In October 2012, the High Court upgraded the sentence to death following the prosecution's request for harsher punishment. Judges warned Miano of the risks, but he proceeded. Last week, the Court of Appeal dismissed his second appeal, confirming evidence of his collaboration with others in the crime.
Miano's lawyers argued the High Court erred by enhancing the sentence without quashing the original conviction. The court ruled it has authority to adjust penalties while upholding guilt, provided the accused was warned. Prosecution presented five witnesses, including the complainant, while Miano denied the charges without oath.
The decision underscores the perils of criminal appeals, which can result in harsher penalties.
