JUDGMENT OF THE COURT
The appellant, Musa Kaaru M’Inyingi, was arraigned before the Principal Magistrate’s Court at Maua on a charge of attempted robbery with violence contrary to section 297(2) of the Penal Code. The particulars of the offence were that on the 19th day of September, 1996 at Athiru Runjine Location in Nyambene District of the Eastern Province while armed with dangerous weapon, namely, a panga attempted to rob Nahashon Baariu of his property and at or immediately before or immediately after the time of such attempt caused the death of the said Nahashon Baariu.
The hearing of the trial commenced on 22nd September, 1997 when witnesses for the prosecution were called to give evidence. It was the prosecution case that at about 3:30 p.m., Samson Mutwiri (PW1) and Jeremano M’Thiringi (PW2) were going to a canteen when they saw the appellant and the deceased, Nahashon Baariu, struggling over a radio cassette which belonged to the deceased. The appellant who had a panga cut the …