REASONS FOR JUDGMENT
We allowed this appeal on September 17, 1985. We are now stating the reasons for our judgment.
Six accused went on trial for the offence of robbery with violence, contrary to section 296(1) of the Penal Code. The sixth accused John Macharia pleaded guilty. The first and the third accused (appellant) were convicted. The remaining three accused were acquitted.
The appellant’s appeal to the High Court was dismissed. He has appealed again.
On the night of August 9, 1983 Mrs. Ziporah Wanjiku Mwangi was asleep at Gikoi in a room adjacent to her shop at Kanjiku Trading Centre. She heard the gate of her compound opening at about 1.00 am, followed by a bang on her door. She screamed.
People entered her room by breaking the door. There was no light in the room. The intruders flashed their torch lights. They hit her, snatched her torch light from her, put her on the bed and poured paraffin over her. The intruders left. Mrs. Mwangi followed them screaming. They disappeared. She la…