JUDGMENT OF THE COURT
Peter Mwania Munywoki is the only appellant remaining in this appeal after the death of his co-appellant (deceased), on 7th August, 2003. The appeal by the deceased was duly marked as abated. The two had been charged, tried and convicted by the Principal Magistrate in Thika, on one count of the offence of robbery with violence contrary to section 296 (2) of the Penal Code and were sentenced to death. Their first appeals to the High Court (Mbaluto and Onyancha, JJ.) were dismissed on 30th May, 2003, hence this second and final appeal before us.
On the night of 20th July, 2000 a group of robbers armed with dangerous and offensive weapons, including metal bars, rungus and axes, struck Katulani village of Matuu location, Machakos County. At about 1.30 am they violently smashed the outer door of the house of PW1 and his wife, PW2 who, with their small children were asleep. They all woke up and started screaming but then the robbers smashed their bedroom door and warned …