JUDGMENT OF THE COURT
Edward Maumo Makasi (the appellant) was sentenced to death by the Senior Resident Magistrate, Mombasa, following his conviction for robbery with violence contrary to section 296 (2) of the Penal Code. It was alleged that on 13th March, 1996 at Moon Cinema in Mombasa, he together with another person while armed with a pistol robbed one Gulam Hussein (the complainant) of a Mitsubishi Lancer KAB 097M valued at Shs.2,000,000/- and used actual violence on the complainant.
The complainant's evidence was that as he left his home early in the morning in his car to take his children to school he was accosted by two Africans one on either side. The one on the right had a gun wrapped in a piece of cloth which he unfolded to reveal the weapon. He ordered the complainant to get out quickly. As he got out, he tried to take the keys with him but he was ordered to leave them in the car. The robbers then drove off in the car. The complainant made a report to the police.
Two weeks la…