JUDGMENT OF THE COURT
1. BEN AMBUGA ONDIBA and his friend and neighbor WILLIAM MACHOKA were, on the 11th day of December 2001 at about 11.00 pm walking to their houses within Kenyatta Estate in Nairobi from Masandukuni, a social place within their estate. They met gangsters who stopped them and demanded from them money and mobile phones. Before the duo could respond to the gangsters, the latter threatened them with the pangas they had. The duo were roughed up, brought down to the ground and robbed of various belongings including money. They reported the incident to the Kenyatta Police Post the following day. Sometime later they were summoned to the Police Post where they identified the appellant herein MOSES MOHAMMED FADHILI as one of their attackers on that fateful night of 11th November, 2001.
2. The appellant was subsequently charged, tried and convicted on two counts of robbery with violence by the Senior Resident Magistrate’s Court Kibera and sentenced to suffer death as by law pre…