JUDGMENT OF THE COURT
[1] The appellant Joseph Mutuku Mutisya was arraigned before the Chief Magistrates Court at Machakos for robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were that on the night of 2nd and 3rd April, 2009 at Machakos town in Machakos district, jointly with others not before the court, robbed Richard Jonathan Mutiso of cash Kshs.6,000/=, Nokia mobile phone, safari boots, National Identity card, administration police identity card and ATM card all valued at Kshs. 10,000. After the trial, the appellant was convicted and sentenced to death.
[2] The appellant appealed to the High Court which re-evaluated the evidence on record and found that the appellant was positively identified by the victim. The court dismissed the appeal and upheld the conviction and sentence, prompting this second appeal.
[3] The prosecution case was in summary as follows:
On 2nd April, 2009 at about midnight, APC Jonathan Mutiso (complainant) an admi…