JUDGMENT OF THE COURT
Peter Kioko Kisilu appeals against his conviction for the offence of robbery with violence contrary to section 296(2) of the Penal Code. It had been alleged that he had on the 16th day of February, 2003 at Kwa Hola village, Changamwe, in Mombasa, jointly with others not before court, being armed with a dangerous weapon, namely a pistol, robbed one Nyanje Mangare of KShs.5,650/=. Upon his conviction he was sentenced to suffer death as by law provided. His appeal to the superior court was dismissed and he now comes before us on a second and final appeal.
As this is a second appeal, it must be confined to points of law since this court will not interfere with concurrent findings of fact arrived at in the two courts below unless they were based on no evidence. The test to be applied on second appeal is whether there was any evidence on which the trial court could find as it did – see Reuben Karani s/o Karanja v. Republic (1950) 17 EACA 146.
In a memorandum of appeal dra…