JUDGMENT OF THE COURT
Peter Ndiritu Kiondo, the appellant herein, together with another David Muriithi Ndungu were arraigned before the Chief Magistrate Nyeri Mr. Kaburu Bauni (as he was then) on a charge of robbery with violence contrary to section 296(2) of the Penal Code, the particulars of the charge being that on the 29th day of October 2001 at Weruini area along Naromoru/Ngaringiro Road in Laikipia District of the Rift Valley Province jointly and while armed with dangerous weapons namely toy pistol and stones, robbed John Gichui Ndegwa of cash Kshs 34,000/- and at or immediately before or immediately after the time of such robbery used actual violence to the said John Gichui Ndegwa. The appellant and his co-accused were after trial convicted as charged and each sentenced to death as mandatorily provided by the law under which they were convicted. The two appealed to the High Court and while the appeal of the appellant’s co-accused was allowed the appellant’s conviction and senten…