JUDGMENT OF THE COURT
The appellant was convicted by the Ag. Senior Principal Magistrate Migori of the offence of robbery with violence contrary to Section 296(2) of the Penal Code and sentenced to death. His first appeal to the superior court was dismissed leading to the present appeal.
The appellant was alleged to have robbed Samuel Robi Marwa of KShs. 10,200 and a bicycle valued Shs. 7,000 on 11th January 2009.
The complainant Samuel Robi Marwa (PW1) testified among other things that, on 11th January 2009 as he was pushing his bicycle uphill at 6 p.m. he saw three boys whom he knew before; that the three boys attacked him and stabled him three times; that they robbed him of a bicycle and Shs. 10,200; that he fell down and the three boys hit him with a stone and broke his teeth, and that some women and men intervened and he was taken to hospital. Two witnesses, Mary Robi (PW2) and Margaret Robi Nchagwa (PW3) gave similar evidence, that on their way home, the complainant passed them whi…