JUDGMENT OF THE COURT
Marine Ole Kaikai, the appellant was convicted by the court of the Senior Resident Magistrate at Kibera (Mrs. Nzioka) of the offence of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to the mandatory sentence of death as provided by law.
The appellant was a watchman assigned to guard the house where Hencok Tedla Welder Mariam, (PW1) the complainant, resided at Ongata Rongai Township in Kajiado District.
On 31st January 1998, the complainant was asleep at his house when the appellant called him out at 3.00 a.m. to collect a jerrican he had filled with water as earlier instructed.
When he came out to collect the jerrican, the complainant was instead attacked by three people who robbed him of one leather jacket, one overcoat, two T-shirts and cash Kshs.20,000/=, all valued at Kshs.37,200/= and in course of this attack, he was hit or cut by the robbers and injured on the head.
The appellant was arrested the following morning by Tedesse Gi…