JUDGMENT OF THE COURT
This second and probably the last appeal arises from the decision of the Principal Magistrate’s Court at Kitui (E.K. Makori, SRM) delivered on 4th November, 2004 wherein Mulatya Musau, the appellant, was tried and found guilty of the offence of robbery with violence contrary to section 296(2) of the Penal Code and was sentenced to death. His appeal to the High Court was dismissed and this gave rise to the present appeal.
The particulars of the charge were that on the evening of 28th January, 2004 at about 7.30 p.m., Dorcas Kamene Mureithi (PW1) was at her house when a group of three people entered therein, armed with a panga and bows and arrows and attacked her demanding money from her. There was a hurricane lamp lighting the house. Through use of that light PW1 saw and identified the appellant as one of the three people because at one time she and her husband, Dominic Mureithi Mwaniki (PW4) had hired him to fence their land. So she knew him. During the attack PW1 …