JUDGMENT OF THE COURT
On 3rd March, 1998, the appellant herein, NICHOLAS MUKILA NDETEI was arraigned before the Senior Principal Magistrate’s Court at Machakos where he was charged with four counts of robbery with violence contrary to section 296(2) of the Penal Code. He was also charged with alternative counts of handling stolen property in relation to the first three counts of robbery. After a full trial before the learned Senior Resident Magistrate (E.N. Maina, Esq.,), the appellant was convicted on the four main counts of robbery with violence and sentenced to suffer death in respect of each of the four counts.
Being dissatisfied with the convictions and the death sentence passed by the learned trial magistrate, the appellant filed an appeal to the High Court challenging both convictions and sentence of death. The superior court considered the appeal and dismissed it with slight correction as regards death sentence on all the four counts.
Still dissatisfied with the judgment of the s…