Aggrey Odhiambo Achieng was sentenced to death on April 13 for robbing Chief Inspector of Police David Machui of his BMW 735 vehicle in Utawala, Nairobi, in August 2014.

On Monday, Achieng filed an appeal with the court through his lawyer, Moses Angaya, outlining his reasons for objecting to the sentence.

He claims that the magistrate misapplied the law by failing to take into account the gaps in the prosecution’s identification of the main suspect in the crime.

Andayi also stated that the magistrate failed to establish that there was sufficient evidence to support the charges of robbery with violence and handling stolen goods.

He expressed his displeasure that, despite finding the witness testimonies contradictory, Judge Andayi still convicted him.

“The learned trial magistrate erred in law in subjecting the prosecution case to a stand of proof below the usual beyond reasonable doubt standard as the eviction was against the weight of the evidence adduced,” said Achieng.

According to court documents, Achieng was charged alongside four of his accomplices, who were allegedly armed with guns; an AK47, and a pistol.