JUDGMENT OF THE COURT
[1] The appellant Patrick Njiru Njue and three others who were acquitted by the High Court were convicted by Senior Principal Magistrate Embu for the offence of robbery with violence contrary to Section 296 (2) of the Penal Code and sentenced to death.
The full particulars of the charge were that:
“On the 16th day of July, 2004 at Kangondu village, Runyenjes township location in Embu district within Eastern Province, jointly while armed with dangerous weapons namely AK 47 Rifle robbed OBADIAH KARIUKI off cash Kshs 18,000/-, two mobile phones make Samsung C100, Alcatel 311, T. v. Remote control and a lesso all valued at Kshs 17,000/= and at or immediately after the time of such robbery used actual violence to the said OBADIAH KARIUKI”
[2] The appellant and the other co-accused appealed before the High Court against the conviction and sentences, the appeals by the 2nd, 3rd, and 4th co-accused were allowed but the appellant's appeal was dismissed. This is therefore a se…