JUDGMENT OF THE COURT
James Macharia Mwangi, the appellant, was charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code. He, denied the charge before the Chief Magistrate’s Court at Malindi and was tried, found guilty and convicted by the Senior Resident Magistrate (D.O. Ogembo). Upon such conviction the appellant was sentenced to death. The appellant was aggrieved by the conviction and sentence and he appealed to the superior court which appeal was dismissed, hence this present appeal before us.
The brief facts of the complaint were that on 25th September 2003 Davison Menza Chome (PW1) was riding his bicycle from Kibokoni to Kisumu Ndogo in Malindi town at 6.45 p.m. when he found two men on the way who attempted to trap him using a rope but when he dodged and passed by the two men chased him as they whistled. Then PW1 saw another man ahead who aimed to hit him with a stick but it missed him and instead hit the bicycle handle bars causing him to fa…