JUDGMENT OF THE COURT
DAVID MUTUA NDUNGU , the appellant, has appealed to this Court from the judgment of the High Court of Kenya at Nakuru (Ondeyo and Visram JJ) dated 7th January, 2003. By that judgment the High Court dismissed his appeal to that court and confirmed the conviction and sentence of death which had been recorded against him by the then Principal Magistrate of Nyahururu Mrs. W. Karanja. The magistrate had tried and convicted him on a charge of robbery with violence contrary to section 296(2) of the Penal Code.
In or about 1996 the complainant John Kiragu (PW1) operated a butchery at Shamata. On 24th October, 1996 at about 8.30 a.m. he set out for Kirima to look for a cow for slaughter. He carried with him a rope and Shs.18,700/=. While walking through the forest just before Kirima he was accosted by two armed and hooded persons who had covered their faces with “Lessos”. They ordered him to stop and one of the attackers whom he identified as the appellant snatched the rope…