JUDGMENT
The appellant was charged with robbery with violence contrary to section 295 as read with section 296 (2) of the Penal Code. The particulars were that on the 4th of October 2012 at Magui sub-location in Vihiga county within western province jointly with another not before court while armed with dangerous weapons, namely, knives, robbed Grace Sayo Ksh. 50,000 and immediately after such robbery threatened to use actual violence on her.
The appellant was arrested and arraigned before the Senior Principal Magistrate’s Court at Vihiga and charged. The trial magistrate (G. A. Mmasi, PM) evaluated the evidence tendered before the court and convicted the appellant under Section 296(2) of the Penal Code and sentenced him to death.
Aggrieved by the conviction and sentence, the appellant appealed to the High Court. The appeal was heard by E. C. Mwita who by a judgment delivered on 18th August, 2016 upheld the conviction of the appellant by the trial court and dismissed the appeal.
Further a…