JUDGMENT OF THE COURT
The appellant, Joshua Njogu Kaniaru has challenged in this appeal his conviction and sentence following the dismissal of his first appeal to the High Court.
The learned trial magistrate (L.K. Mutai) having heard the evidence presented by the prosecution witnesses in support of the charge of robbery with violence contrary to section 296 (2) of the Penal Code and the defence of the appellant was persuaded that the charge was proved and proceeded to convict and sentence the appellant to death.
In dismissing the appellant’s first appeal, the High Court (Ochieng and Achode, JJ), like the trial magistrate, found that the offence charged was proved against the appellant for the reasons that he was positively identified (indeed recognized) by the complainant, Willy Wanyoike and an independent eye witness, Mary Waithera Kimani; that the appellant was in company of two other persons and at the time of the robbery wounded the complainant.
The appeal was argued by Mr. Amutallah,…