JUDGMENT OF THE COURT
The appellant, Boniface Mungai Machanga, was convicted by Kiambu Senior Resident Magistrate for the offence of robbery with violence contrary to section 296 (2) of the Penal Code. It had been alleged in the charge sheet that on the 10th day of November, 2001 at Kangangi Market in Kiambu District, jointly with others not before court while armed with weapons namely knives, he robbed Abraham Karanja Gikonyo cash Shs.3000 and a wrist watch, Seiko, all valued at Kshs.5,500 and at or immediately before or immediately after the time of such robbery threatened to use actual violence on Abraham Karanja Gikonyo. Upon his conviction, the mandatory death sentence was meted out against him. He subsequently challenged his conviction before the superior court but the appeal was dismissed. He now comes before us on his second and last appeal. As such, the appeal must be confined to points of law as expressly provided under section 361 (1) of the Criminal Procedure Code. This Cou…