JUDGMENT OF THE COURT
The appellant was convicted by the Senior Resident Magistrate, Bungoma of the offence of attempted robbery contrary to Section 297 (2) of the Penal Code and sentenced to death. The particulars of the offence stated that the appellant on 14th October, 2003 jointly with others not before the court attempted to rob Bernard Ijaa Ojuma of Kshs.17,000/= and at or immediately before or immediately after the time of such robbery used actual violence on him. The complainant Bernard Ijaa Ojuma (PW1) gave short evidence at the trial. On the material night he was asleep in his house and at about 11 p.m. he heard a bang on the door and suddenly a person entered into the house holding a panga. The person held the complainant by the throat and told the complainant to give him something. There was space between the wall of his house and the roof through which moonlight filtered into the house and through the moon light he recognized the person holding him as “Nakhaimathe” appella…