JUDGMENT OF THE COURT
The appellant, Benjamin Ndambu Suku, was jointly charged with another person with robbery with violence contrary to section 296(2) of the Penal Code. They were both convicted of the offence and sentenced to death. They appealed to the High Court and while the appeal of the appellant’s co-accused was allowed the appellant’s conviction was upheld and so was the mandatory death sentence. The appellant therefore comes to this Court by way of second appeal.
The facts of the case may be briefly stated. On the morning of 12th November, 1987 the deceased Laximiben Kantilal Shah aged about 72 years was left at her home along, 2nd Avenue Parklands, Nairobi when the other members of the family i.e. her husband, S. K. Shah (P.W.1) and N. C. Shah (P.W.6) went to work. The deceased was left with the appellant who had just been employed in that home as househelp. At about 11.00 a.m. Shah (P.W.1) was called back home by a telephone message and as a result went back home where he f…