JUDGMENT OF THE COURT
The appellant JUMANNE MOHAMED HASSAN and one KASSIM MWIJO MWADZILA (co-accused) were jointly charged before the Senior Resident Magistrate Kwale with the offence of Robbery with Violence contrary to section 296 (2) of the Penal Code. The appellant was the second accused while the co-accused was the first accused. The particulars of the charge alleged that on 30.4.2003 the appellant and the co accused, jointly with others robbed Ali Juma Mafimbo of cash shs.30,000/-, computer screen, T.V., Radio cassette make Hitachi , 2 mobile phones, one big sufuria, one suitcase, two brief cases, one electric box, a torch, and assorted clothes all valued at shs.120,000/-. The appellant was convicted of the offence of robbery and sentenced to death being the sentence authorized by the law. The co-accused was acquitted of the offence of robbery but found guilty of the offence of handling stolen property contrary to section 322(1) of the Penal Code and sentenced to 2 years imprison…