JUDGMENT OF THE COURT
1. This is a second appeal against the judgment of the High Court where a two-judge bench (Fred A. Ochieng and L. A. Achode, JJ.) upheld the appellant’s conviction on two counts of the offence of robbery with violence and the resultant death sentence as meted out by the Chief Magistrate’s Court (Karani (Miss) – Resident Magistrate).
2. A brief background of this appeal is that on the night of 25th July, 2005 while Samson Otieno Mangogo, PW1, was seated in his bar in Kayole area, the appellant together with four others came in and ordered everyone to lie down. One of them ordered PW1 at gun point to hand over his phone, Bird model, and money amounting to Ksh.1500; shortly after the five left, PW1 heard gun shots and the sound of people running. He then used his wife’s phone to inform a police officer, one Police Constable Wekesa, who was previously known to him, of the incident. P.C Wekesa in turn prompted other police officers, including PW3, Police Constable Ronal…