JUDGMENT OF THE COURT
The Appellant JAMIN WAFULA WABULULU alias SIMBA was jointly charged with four others on six counts of robbery with violence contrary to section 296(2) of the Penal Code before the Senior Principal Magistrate’s court at Kitale. They all denied the charges but after a full trial the appellant was convicted on counts 1,3,4,5 and 6 while his coaccused were acquitted on all the counts. The appellant’s appeal to the High Court was partially successful as the High Court quashed the appellant’s conviction on counts 1 and 5 and the sentences of death imposed thereon set aside. The High Court, however, dismissed the appellant’s appeal in respect of counts 3 and 4. He now comes to this Court by way of second appeal on those two counts.
The complainant in count 3 was Robert Wechuli (P.W.4) whose evidence was to the effect that on 30th November, 2000 he went to bed at about 10.00 p.m. leaving his children studying in the sitting room. While asleep he was awakened by the screams…