JUDGMENT OF THE COURT
1. The appellant was convicted of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of the charge were that on the 22nd day of November, 2010 at Umala Sub- Location in Ugenya District, being armed with dangerous weapons, namely, a panga and a rungu, the appellant and his accomplice robbed Wilson Omondi Oloo, the complainant, of his motor cycle make TVS Star, registration number KMCM 387 F and a mobile phone make Nokia 1200 and at or immediately after the time of such robbery used actual violence to the said complainant.
2. The appellant was sentenced to death as by law prescribed. His appeal to the High Court was dismissed, hence this second appeal.
3. The complainant used to operate a motor cycle for hire. On the material day he carried a passenger and upon reaching a place known as Asego, the passenger alighted but refused to pay the agreed fare. The passenger ran off and shortly thereafter two people emerged from behind. It was …