JUDGMENT OF THE COURT
The appellant and one George Odhiambo Onditi, were jointly charged together with three other persons who escaped from police custody for the offence of robbery with violence contrary to Section 296(2) of the Penal Code. The particulars of the offence were that on 30th August, 1999 at Keep Left Molo Township, within Nakuru District being armed with dangerous weapons namely rifles, swords and harmer robbed Moses Ndungu Kiarie of one handbag, stationery, one video, drinking chocolate, tooth paste and a bunch of keys all valued at Kshs.2,070/- and at or immediately before or immediately after such robbery used personal violence and fatally wounded John Mbugua Kiarie. The appellant was tried, convicted and sentenced to death as by law provided but his co-accused, George Odhiambo Onditi was acquitted of the said charge.
The appellant was aggrieved by the said conviction and sentence and he appealed against the same. He raised the following grounds of appeal:-
1. That the …