JUDGMENT OF THE COURT
Obed Chiveyia Amutala ("the appellant''), was charged before Kakamega Chief Magistrate's Court with one count of robbery with violence contrary to Section 296 (2) of the Penal Code and one count of attempted robbery with violence contrary to Section 297 (2) of the same code. He was convicted on both counts and sentenced to death. He appealed to the High Court of Kenya (N. Ombija, J. and G.B. Kariuki, J. as he then was) but his appeal was dismissed thus provoking the appeal before us.
It was alleged, in the first count, that the appellant in the night of 2nd/3rd April, 2003 at Mwiritsa village , Shingoto Sub-location, Shibuye Location in Kakamega District within Western Province, jointly, with others not before the court, while armed with dangerous weapon, namely pangas, robbed Erick Lijodi Murenga of Kshs.6,000/- and a radio cassette - make Nationl Panasonic valued at Kshs.14,000/= all totaling to Kshs.20,000/= and at or immediately before or immediately after the …