JUDGMENT
1.The appellant, Onesmus Kali Mulandi appeals against the conviction and sentence for the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars of the charge were that on 20th September, 2010, at Kanzoaka village in Kyuso district within Kitui County, the appellant while armed with a dangerous weapon, namely a panga robbed Wilson Mbevo Muthangya of a bicycle and a mobile phone all valued at Kshs. 7,500/= and immediately after the said robbery killed the said Wilson Mbevo.
2.The appellant was tried in the Kyuso Principal Magistrate’s court and convicted of the offence and sentenced to life imprisonment. Being dissatisfied and aggrieved with the conviction and sentence, the appellant filed Garissa High Court Criminal Appeal No.1 of 2013, by a petition of appeal which was subsequently amended. The appellant’s contention before the High Court was that he was convicted on unsubstantiated, unreliable and contradictory evidence.
3.The evidence …