JUDGMENT OF THE COURT
The appellant in this second appeal, Isaac Ng’ang’a Kahiga alias Peter Ng’ang’a Kahiga was after trial convicted by the Principal Magistrate, Muranga, of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death. His first appeal to the High Court of Kenya at Nyeri (Juma and Mitey, JJ.) was dismissed on 18th March, 2002.
The facts which gave rise to this appeal are indeed brief and may be stated as follows. The complainant, Michael Thuku Mwangi (PW2) in or about 1999, ran a small grocery shop at Kiangaga village in Murang’a District of the Central Province. On 11th June, 1999, at about 6.30 p.m. while watching TV within his shop a man walked in and asked to be sold cigarettes. Before PW2 could hand them over to the supposed customer, that man, instead of producing the money suddenly whipped out a pistol and pointed it at PW2 and commanded him to lie down and produce all the money he had collected that day. Within no moments two other…