JUDGMENT OF THE COURT
Mr. Josephat Kisilu Mulinge, the appellant in this appeal, and one Charles Mbai Maliku were convicted on 11th October 2006 by the Principal Magistrate, v. W. Wandera, in Machakos Criminal Case Number 2553 of 2003 of the offence of robbery with violence contrary to Section 296(2) of the Penal Code, Chapter 63 of the Laws of Kenya and sentenced to death as provided under the said Section of the Penal Code.
The charge against the appellant was that on the night of 6th/7thAugust 2003, while armed with dangerous or offensive weapons, to wit, homemade explosives, pangas, rungus, bows and arrows the appellant robbed Mr. A M K of cash amounting to Shs.11,000/=, a mobile phone (make Nokia 3310) and two wrist watches, make rado, a radio, of make National Star, all valued at 20,400/= and at or immediately before or immediately after the time of such robbery used actual violence to the said A M K.
Aggrieved by the decision of the trial Court, the appellant appealed to the High …