JUDGMENT OF THE COURT
The appellant, Joseph Kimondo Waweru (the “appellant”) was charged before the Senior Resident Magistrate’s Court at Kajiado in Criminal Case No. 93 of 2000 with the offence of Robbery with Violence Contrary to section 296(2) of the Penal Code. The particulars of the offence were as follows:
“On the 9th day of October 1999 at Loitokitok forest in Kajiado District of the Rift Valley Province, robbed Danson Memba of Ksh.1,200/= and at or immediately before or immediately after the time of such robbery wounded the said Danson Memba.”
The appellant pleaded not guilty to that charge but after full hearing, he was found guilty as charged, convicted and sentenced to death. In convicting him, the learned Senior Resident Magistrate (Miss Ndung’u) addressed herself thus:
“I have carefully analysed the evidence laid before me. Although the accused denied the charge, I find that there is evidence that he attacked the complainant during broad day light. The accused was well known …