JUDGMENT OF THE COURT
[1] This is a second appeal, as Andrew Nthiwa Mutuku, (appellant) was charged, tried, convicted and sentenced to suffer death for the offence of robbery with violence by the Principal Magistrate’s court at Kagundo on 4th May, 2012. Aggrieved by the said conviction and sentence, the appellant unsuccessfully appealed before the High court which appeal was dismissed on 15th October, 2013; it is the subject matter of this appeal.
[2] A brief synopsis of the evidence that led to the conclusions by the two courts below was that on 31st October, 2010 at about 7.30 pm as Duncan Kimathi Muide (PW1), was preparing to close his shop at Mwala Trading Centre, it was raided by about three hooded thugs who were armed with a gun and other dangerous weapons. PW1 was just outside the shop at the time when his late wife Eunice Mbula Kimathi (she was killed during the said attack) told him in Kikamba that thugs had come. On entering the shop, PW1 saw one of the thugs pushing his wife …