JUDGMENT OF THE COURT
This is an appeal from the judgment of the superior court (J.V.O. Juma and J. K. Mitey JJ) as first appellate court in High Court Criminal Appeal No 171 of 2000.
The appellant PETER NJOROGE MWANGI was convicted of attempted robbery with violence contrary to Section 297 (2) of the Penal Code.
This was case in which there were concurrent findings of fact by the trial magistrate and the superior court that the appellant together with another man (hereinafter the deceased) entered Ngurunga Bar at Karugia Market in Kangema Division one morning for a drink. PW 1 Esther Njoki Githuku was in charge of the bar along with a man Wallace Chege PW2. While PW2 was outside the bar attending to a lorry delivering sodas the appellant suddenly rose to his feet and tried to get behind the bar. PW1 asked him what he was doing whereupon he pointed home made gun which was inside a black polythene bag at PW1 saying that they wanted the money from the bar.
PW1 fell down and screamed. The a…