JUDGMENT
Peter Leo Baraza, the appellant, was on 30th September, 1988 convicted and sentenced to death for the offence of robbery with violence contrary to section 296 (2) of the Penal Code by the Senior Resident Magistrate’s Court at Bungoma. His first appeal against conviction to the High Court of Kenya at Nairobi was on 27th July, 1990 dismissed. Hence, the present second appeal to this Court.
On the night of 16th/17th January, 1986, Penina Omwony Mangala, the complainant, was woken up by a group of people who told her that they were policemen. She flashed her torch through the window pane of her bedroom window and, according to her, she saw two people whom she knew. One of them was the appellant. The appellant lived about 100 or 150 metres away from her home. She had known him before.
From her testimony, this group of people was armed with pangas and hoes. A member of the group told her that the police were looking for Ugandan women. The group had, therefore, come to her because she …