JUDGMENT OF THE COURT
This is a second appeal by Musembi Kuli (the appellant) against the conviction and sentence of death imposed on him by the Machakos Chief Magistrate for the offence of robbery with violence. The particulars of the charge were as follows;
“MUSEMBI KULI: On the 4th day of October 2005 at Makutano Market Mwala Division in Machakos District within the Eastern Province being armed with dangerous weapons namely an axe and pangas, jointly with others not before court robbed CAROLINE MWIKALI KIMULI of her handbag containing Kshs. 2,000, one gold chain, one pair of earrings and one ring all valued at Kshs. 5,000 and at or immediately before or after such time of robbery used actual violence on the said CAROLINE MWIKALI KIMULI.”
Upon conviction and sentence by the trial court, the appellant filed an appeal before the High Court in Machakos. That appeal was heard by Isaac Lenaola and Fred A. Ochieng (JJ) who, by a judgment dated and delivered on 24th September 2009, dismissed …