JUDGMENT OF THE COURT
The appellant, Nabochi Ateku, was charged in the Chief Magistrate’s Court at Kibera with the offence of robbery with violence contrary to Section 296(2) of the Penal Code in that on 16th February, 2006, at Kangemi Nairobi, jointly with others not before court, while armed with dangerous weapons, namely pangas, he robbed Mula Musinde Mulange of a TV set L.G by make, a mobile phone (Nokia) all worth Sh.14,200/=. During the incident the robbers used violence on the said Mula Mulange. After trial, the learned magistrate found the appellant guilty and sentenced him to suffer death as by law mandated.
In finding the appellant guilty the learned trial magistrate noted that he had been identified at the time of the robbery, which took place at night, by the complainant (PW1) and his wife, Rose Umochi Mulange (PW2). They had been woken up by the robbers; they put on electric light in their one-roomed house. Thus they saw and identified, nay, recognized the appellant there. …