JUDGMENT
This is a second appeal by the appellant Peter Mwai Kiboi against his conviction and sentence. He was first tried, convicted and sentenced to death by the Senior Resident Magistrate’s Court at Githunguri, for the offence of robbery with violence contrary to section 296(2) of the Penal Code. His first appeal against his conviction and sentence was dismissed by the High Court (Ochieng, & Achode, JJ). Undeterred the appellant is now before us.
During the trial, the prosecution called 5 witnesses, while the appellant gave unsworn evidence. The two main witnesses were Ann Wangui Njuguna (Ann) the complainant, and her brother, Peter Ndingui Njuguna. In brief, Ann was walking within Githunguri outskirts with her 8-year-old daughter, on their way home when she realized the appellant was following her. The appellant then came from behind her pulled a panga from his jacket and grabbed her handbag. Ann let go of her bag and started screaming. Members of the public responded to her screams…