JUDGMENT
John Kange’the Ngugi, the appellant is trying his luck through this second and perhaps last appeal to this court. He was arrested, charged, convicted and sentenced to death by the chief Magistrate's court at Thika for the offence of Robbery with violence contrary to section 296(2) of the Penal Code. The particulars that the appellant with three others, on the 8th January 2007 at Kiganjo village in Thika district within Central province, being armed with an offensive weapon namely a kitchen knife robbed Joseph Kimari Ngugi of his mobile phone make siemens C35 valued at Ksh. 8500/= and immediately before the time of such robbery used actual violence to the said Joseph Kimaru Ngugi. The appellant when arraigned in Court denied the charge and his trial soon thereafter ensued.
It was the prosecution’s case that PW1 Joseph Kimathi Ngugi was walking towards Muhuhu Secondary School in Gatundu at about 9.00 am on 8th January 2007 when he met with some people on the way. He was immediate…