JUDGMENT OF THE COURT
1. MORRIS MUTETI (appellant) was charged, tried and convicted of the offence of attempted robbery with violence contrary to the provisions of Section 297(2) of the Penal Code. He was, on 30.9.2005, sentenced to suffer death as by law prescribed. His first appeal to the High Court was dismissed as lacking in merit. He has now preferred a second appeal to this court and raises five (5) grounds of appeal as hereunder:-
“(a) THAT, the first appellate court judges erred in law by failing to find that ingredients of attempted robbery i.e assault and intent were not fully met as stipulated in section 297(2) of Penal Code.
THAT, the learned superior court judges erred in law by failing to analyse and re-evaluate the trial record and drew (sic) their own conclusion as duty bound.
THAT, the learned High Court Judges erred in law by failing to find that prosecution did not prove their charge to the required legal standard.
THAT, the learned first appellate court judges erred in …