JUDGMENT OF THE COURT
The appellant was convicted by the Chief Magistrate at Nakuru of the offence of robbery with violence contrary to Section 296 (4) of the Penal Code and sentenced to death. His appeal to the superior court against conviction and sentence was dismissed. The superior court, (Ouko J) upheld the conviction and sentence in a judgment delivered on 25th February 2011. This is a second appeal.
The particulars of the charge alleged that on 16th December 2002 at Koinange estate in Nakuru District within the Rift Valley Province, jointly being armed with dangerous or offensive weapon namely a sword robbed Nancy Njoki of her two radio cassettes, two mobile phones, thirteen CD discs, one camera, one knife, one bag and Ksh. 500/= all valued at Ksh. 62,000/= the property of Grace Wanjiru and at immediately before or immediately after the time of such robbery threatened to use personal violence to Nancy Njoki.
The PW 1 a female adult by name Nancy Njoki gave evidence at the trial. S…