JUDGMENT OF THE COURT
In the trial court, the appellant was charged with two counts of robbery with violence contrary to section 296(2) of the Penal Code.
The prosecution case was that the appellant was in a gang of robbers who broke into the complainant’s house at night on 21st December, 2003 at Kawangware Muslim Village in Nairobi Province and while armed with dangerous and offensive weapons namely pangas, clubs and axes, robbed the complainant, Benjamin Wabwire (PW1) of cash and household items all valued at Kshs.17,500 and at or immediately before or immediately after threatened to use actual violence to the complainant. Following a full trial, the Chief Magistrate Court, Kibera convicted the appellant on 11th March 2005 and sentenced him to death. Aggrieved by the said verdict the appellant appealed to the superior court against both conviction and sentence but the superior court dismissed the appeal on 17th July 2007 and it is the said dismissal which provoked this appeal.
A brief …