JUDGMENT OF THE COURT
[1] The appellant Joseph Mukhwana Lingodo and one Yusuf Amani Owino were convicted by the Principal Magistrate’s Court at Kitale for the offence of robbery with violence contrary to section 296(2) of the Penal Code and each sentenced to death. They appealed to the High Court against conviction and sentence. The appellant’s appeal was dismissed in its entirety. However, the appeal of Yusuf Amani Owino was allowed, conviction quashed and sentence set aside. The appellant now appeals against the judgment of the High Court dismissing his appeal.
[2] The particulars of the charge were that on 11th November 2007 at Kitale Township, the appellant; Yusuf Amani Owino jointly with others not before the court while armed with dangerous weapons namely a pistol, knife and iron bars robbed George Njoroge Ngugi of Motor vehicle registration No. KAP 353E Toyota E91 valued at Shs. 360,000/- and an Equity ATM Card No. 62785100330119909 and at or immediately before or after the time …