JUDGMENT OF THE COURT
The appellant CHARLES KIPKURUI CHEPKUONY appeals to this Court against the decision of the High Court at Kericho (G.B.M. Kariuki and D.K. Maraga, JJ, as they then were) which had dismissed his first appeal against conviction and the sentence of death imposed on him by the Senior Principal Magistrate at Kericho. He had been charged with a single count of robbery with violence and two counts of malicious damage to property contrary to section 296(2) and 339(1) of the Penal Code, respectively.
The particulars of the capital robbery charge were that on the 28th day of January 2008 at Kotetine village, Chilichila Division in Kipkelion of the Rift Valley Province, jointly with others not before court, and while armed with offensive weapons namely bows and arrows, he robbed Wilson Soi Wanyama for his two heads (sic) of cattle all valued at Kshs. 30,000 and contemporaneously with that robbery used actual violence on the victim.
The prosecution called a total of nine witness…