JUDGMENT OF THE COURT
CHARLES OKELO OLALA, the appellant herein was arraigned before the Chief Magistrate’s Court at Malindi on charge of robbery with violence contrary to section 296(2) of the Penal code. The particulars of the offence were as follow: “CHARLES OKELLO OLALA on the 7th day of October, 2002 at 12.00 midnight at Malindi new market parking yards in Malindi location within Malindi District of the Coast Province, jointly with others not before court, being armed with dangerous weapons namely pistols and knives robbed SHEDRACK THOYA MICHAEL of his motor- vehicle Reg. No. KAP 452Q Toyota Corolla white in color, Kshs, 2,800/- all valued at Kshs. 402,800/- and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said SHEDRACK THOYA MICHAEL.” After a full trial before the learned Senior Resident Magistrate (C. Ogembo Esq), the appellant was convicted and sentenced to Death. The appellant’s appeal to the superior court was…