JUDGMENT OF THE COURT
1. The appellant, Hamisi Swaleh Kibuyu, lodged a second appeal in this Court on 15th December 2010 against his conviction and sentence for the offence of robbery with violence contrary to Section 296(2) of the Penal Code, Chapter 63 of the Laws of Kenya. The offence carries a mandatory death sentence to which the appellant was condemned. His first appeal to the High Court was dismissed on 30th November 2010.
2. The particulars of the charge against the appellant were that
“on the 6th day of April 2007 at Midodoni Village in Mtongwe location of Mombasa District within Coast Province, jointly with others not before court while armed with dangerous weapons namely knives and clubs robbed RIZIKI SHABAN of one pair of shoes, cash Ksh.7,000/= all valued at Ksh.8,500/= and at or immediately before or immediately after the time of such robbery used actual violence to the said RIZIKI SHABAN.”
3. The substance of the charge was read to the appellant in Kiswahili on 4th July 200…