JUDGMENT OF THE COURT
1. The appellant was tried and convicted by Maua Principal Magistrate for the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. It was alleged before that court that on 18th September, 2005 at Maua Location, in Meru North District within the then Eastern Province, jointly with others not before court, while armed with offensive weapons namely, knives, he robbed Purity Muthoni Ikiao (Purity) of one mobile phone, one bag, one trouser suit, one dress, one pair of shoes, four hard cover exercise books and cash (Kshs 3,000/=) all amounting to Kshs 10,400/= and at or immediately before or after the time of such robbery used personal violence against the complainant.
2. After hearing four prosecution witnesses and the appellant in his defence, the trial court found the charge proved beyond reasonable doubt, convicted him, and sentenced him to death as by law provided. He challenged the conviction and sentence before the High Court (Emukule J.…