JUDGMENT OF THE COURT
The appellant, JULIUS KALEWA MUTUNGA (“Kalewa” or “appellant”) comes before us on a second appeal against his conviction on two counts of robbery with violence contrary to section 296 (2) of the Penal Code. It had been alleged that on the 24th day of July, 1997, at Kinoria village in Meru district jointly with others not before the court being armed with dangerous weapons namely rifles, pangas and rungus he robbed Margaret Kinangaru of KShs.900 and Francis Kirimi M’turuchiu of KShs.20,000/=, a radio cassette valued at Kshs.2,500/=, and at or immediately before or immediately after the time of such robbery, used personal violence against Margaret and Francis. Upon his conviction the appellant was sentenced to death which is the only punishment for the offence. His appeal to the superior court was dismissed, hence this final appeal.
As this is a second appeal, only matters of law may be raised –see section 361 of the Criminal Procedure Code. The issues of law raised …