JUDGMENT OF THE COURT
The appellant, PETER MACHARIA NJUGUNA, was charged with robbery with violence contrary to section 296(2) of the Penal Code with an alternative charge of handling stolen goods contrary to section 322 (2) of the Penal Code. After trial before the Senior Resident Magistrate at Naivasha, Mr. Muya, the appellant was convicted on the alternative charge and sentenced to four (4) years imprisonment with four (4) strokes of the cane. Being aggrieved by his conviction and sentence the appellant preferred an appeal to the High Court of Kenya at Nakuru (Muga Apondi, J.) but by its judgment dated and delivered on 24th June, 2003, the appeal was dismissed and the conviction on the main charge of robbery with violence contrary to section 296 (2) of the Penal Code being entered against the appellant. Consequently, the appellant was sentenced to death.
In this appeal, both Mr. Matiri for the appellant and Mr. Gumo, the Provincial State Counsel representing the Republic, are agreed …