JUDGMENT
1.The appellant, John Ndung’u Wanjiku was convicted and sentenced to death by the Chief Magistrate’s Court for the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. He appealed against the conviction and sentence to the High Court but the appeal was dismissed in its entirety, hence the appeal before us.
2.The circumstances leading to the appellants’ conviction were that on or about midnight on 5th July, 2009 Patrick Ndunge Muthoni the complainant was going home from a funeral arrangement meeting, when he was accosted by three people who were armed with slashers. From the three, he recognized the appellant (known to him as Ndung’u) and one Nahashon Kuria. It was the complainant’s testimony that the three called him by name, insulted, hit and knocked him down. The complainant suffered injuries to the hands and ribs and the robbers took his Motorola C138 mobile phone valued at Kshs. 2,300 and Kshs. 1,500 cash as he screamed.
3.Francis Kungu Mwaura (PW2…