JUDGMENT OF THE COURT
Moi Ochogo Onchiri, the appellant herein was tried and convicted on a charge of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of the charge were that on 2nd November, 2005 at Kenyenya sub location in Gucha District within Nyanza Province, jointly with others not before court while armed with dangerous or offensive weapons namely an imitation of a pistol and rungus robbed Esther Bosire of her porch and Kshs. 4,200/- and at or immediately before or immediately after the time of such robbery, used actual violence against the said Esther Bosire. After a full trial the appellant was convicted and sentenced to death. Dissatisfied with the verdict the appellant appealed to the superior court but the superior court upheld the verdict of the trial court on 4th November, 2008 provoking this second and final appeal.
In the trial court the prosecution led evidence that Esther Bosire, PW1, was going home at about 9.00 p.m. accompanied by …