JUDGMENT OF THE COURT
John Mwikya Musyoka, the appellant, was charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code Cap. 63 of the Laws of Kenya. He was tried, convicted and sentenced to death by Mrs Achode (SRM) on 30th June, 1997. He appealed to the superior court against the conviction and sentence. The appeal was heard by Hayanga and Waki JJ. who confirmed both the conviction and sentence. The appellant still being dissatisfied has appealed to this Court.
Philip Mutua Kithunga, was the complainant in the charge against the appellant. His testimony was corroborated by PW2 Mukuyu Makutu, one of the people that were in his company on the fateful night. His evidence was fairly straightforward.
He was a matatu conductor and lived at Magongo village in Changamwe. On the night of 5th April, 1996 he went to a village Bar known as Narok Bar. He was in a company of two of his friends. He bought them some beer. Mukuyu had apparently just delivered water …