JUDGMENT OF THE COURT
The genesis of this appeal is Meru Chief Magistrate’s Criminal Case No.1708 of 2002 in which the appellant herein, Bartholomew Kagwiria Nchebere was the first of the six accused persons arraigned before that court on two counts of robbery contrary to section 296(2) of the Penal Code. The appellant’s co-accused were acquitted on both counts while the appellant was acquitted on the first count but convicted on the second count. Hence this appeal is only concerned with the second count on which the appellant was convicted and sentenced to death as mandatorily provided by the law. The particulars of the offence in respect of that count were as follows:
“On the 18th day of June 2002 at Kariene Location in Meru Central District within the Eastern Province while armed with dangerous or offensive weapons, namely rifles, pangas and axes, robbed Father Linus Kinyua Kiraithe of his motor vehicle registration number KAE 324W, make Mazda Pick-Up, cash Kshs.6,000/=, a Seiko wris…