JUDGMENT OF THE COURT
The appellant herein Ali Shaban Ali, was tried and convicted for the offence of robbery with violence contrary to section 296 (2) of the Penal Code. The facts as stated by the two lower courts below were that, on 22nd November, 2005 at about 1.00pm at Mtopanga Village, Bamburi Location in Mombasa District within Coast Province jointly with others not before court while armed with an offensive weapon namely knife robbed George Omondi of one mobile phone make Nokia 8210 valued at Kshs.11,000, a poach containing Kshs.100 and at immediately before or immediately after the time of such robbery threatened to use actual violence to the said George Omondi Oliech.
The prosecution called a total of four witnesses and after hearing their evidence as well as the sworn evidence of the appellant, the Learned Senior Resident Magistrate (T. Mwangi) at the Chief Magistrate Court in Mombasa found the appellant guilty of robbery with violence and sentenced him to death. He appealed t…