JUDGMENT OF THE COURT
1. The appellant, Lukas Kerario Sangai, was charged with the offence of robbery with violence contrary to Section 296(2) of the Penal Code. The particulars of the offence were that on 2nd February 2010 at Mabera Trading Centre in the then Kuria District within the then Nyanza Province, while armed with a dangerous weapon namely a panga, robbed Leonard Khamara Wasike of a mobile phone make Nokia 1100 valued at Kshs. 6,500.00 and immediately before or immediately after the time of such robbery wounded the said Leonard Khamara Wasike. He was tried before the Senior Resident Magistrate’s Court at Kehancha and convicted, based on the doctrine of recent possession, in a judgment delivered on 9th December 2010. The appellant was subsequently sentenced to death.
2. On appeal, the High Court, in its judgment delivered on 23rd September 2011, was satisfied after evaluating and analyzing the evidence, that the trial magistrate was right in invoking the doctrine of recent poss…