JUDGMENT OF THE COURT
The appellant and four other were charged with robbery with violence contrary to section 296 (2) of the Penal code before the Chief Magistrate, Machakos. The trial magistrate however made a finding after the close of the prosecution case that the appellant’s co-accused had no case to answer and acquitted them under section 210 of the Criminal Procedure Code. The appellant was put on his defence after which he was convicted and sentenced to death. His first appeal to the superior court was dismissed.
The complainant was George Wambua Kathime (PW1). The charge sheet stated that on 28th January, 2004 at 9.30 p.m. along Mombasa/ Nairobi Highway, the appellant and the four co-accused robbed the complainant of motor vehicle Reg. No. KAH 467P – Mitsubishi Canter, 100 bags of cement, 15 pieces of plywood, one bag of red oxide, 10 iron bars, 3 bundles of sisal threads, four bundles of iron-sheets 2.5 meters each, 3 bundles of iron sheets, 3 meters each and 5 bags of nails o…