JUDGMENT OF THE COURT
Ali Mbwana, the appellant herein, and one Salim Juma Abdulla, were jointly charged in the Chief Magistrate’s Court at Mombasa with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. The facts of the offence were that on 4th December, 2004 at around 5.30 p.m. at V.O.K. village in Mombasa jointly with others not before the court and while armed with dangerous weapons namely knives robbed Monicah Mweni Muthamia a mobile phone make Samsung and cash Kshs.250/= all valued at Kshs.9,750/= and at or immediately before or after the robbery threatened to use actual violence to the said Monicah Mweni. The prosecution called six witnesses, and after hearing their evidence as well as the unsworn evidence of the appellant, the learned Senior Resident Magistrate (Mr. T. Mwangi) found the appellant guilty of the offence charged, and sentenced him to death. His co-accused, Salim Juma Abdullah, was acquitted. His first appeal to the superior court (…