JUDGMENT OF THE COURT
(1) Aggrey Mbai Injaga, hereinafter referred to as the appellant, was charged with the offence of robbery with violence contrary to section 296 (2) of the Penal Code. After trial, he was convicted of the offence and sentenced to suffer death as provided by law.
(2) Being aggrieved with that conviction and sentence, the appellant preferred a first appeal to the High Court of Kenya at Nairobi. In that appeal he alleged that the trial court violated his constitutional rights by depriving him of vital documents during the trial, and by not affording him an opportunity to secure legal representation. The appellant further complained that the record of appeal was improper as it did not indicate clearly whether or not he had been present during trial, and that the trial court failed to give consideration to his defence.
(3) That appeal was heard and determined by Ojwang and Warsame, JJ. (as they then were) who, after acknowledging their duty as a first appellate court to r…