JUDGMENT OF THE COURT
The appellant JAMES MWANGI NJOROGE was convicted by the Senior Principal Magistrate, Kiambu for the offence of robbery with violence contrary to Section 296 (2) of the Penal Code and sentenced to death. The full particulars of the charge were that:
“On 21st November, 2001, at Kwamaiko Township in Kiambu District within Central Province jointly with another not before the court, while armed with swords and a toy pistol robbed PETTER NGOTHO NJONGORO of cash Kshs.20,000/= and one mobile phone make Ericsson T18 all valued at Kshs.34,500/= and at or immediately before or immediately after the time of such robbery threatened to use personal violence to the said PETER NGOTHO NJONGORO”.
The appellant appealed against the conviction and sentence to the superior court but his appeal was dismissed. This is therefore a second appeal.
The complainant Peter Ngotho Njongoro (PW1) owned a wholesale and retail shop at Ngemwa Trading centre. On the material day a customer, Paul Kaband…