JUDGMENT OF THE COURT
The appellant, Peter Mathia Kamau was tried and convicted by the Principal Magistrate at Muranga, with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars of the charge were that on 25th October 2001, at Maragi village in Muranga District jointly with another already before the court and while armed with offensive weapons namely, timber, robbed one Jemino Mwangi Gitau of one quarter (1⁄4) kilogramme of meat, a packet of tea leaves and cash Kshs.550/=, all to the aggregate value of Kshs.694/=. The appellant immediately thereafter wounded the said Jemino Mwangi Gitau. The appellant was sentenced to death and appealed to the superior court against both conviction and sentence. That court, in a judgment delivered on 22nd May 2008, dismissed that appeal thereby paving way for this second appeal to this Court. The appeal to this court is premised on two grounds of appeal which remained after Miss. Mwai, learned counsel for…