JUDGMENT
The appellant and one Alfred Kibor Maindi (Alfred) were jointly charged in the Senior Resident Magistrate’s Court Kitale with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the charge alleged that on the 17th day of March, 1997, at ADC Farm Chorlim being armed with dangerous or offensive weapons namely AK 47 assault rifle robbed Stanley Kariuki Karanja cash Shs 220,000/= and at or immediately before or after such robbery shot dead John Muturi Karanja.
The appellant was convicted as charged and sentenced to death being the sentence authorized by the law. Alfred was acquitted. The appellant appealed to the superior court on two main grounds namely, that he was admitted at Kaptama Health Centre on the date he is alleged to have committed the offence and that the Court erred in law in convicting him on the basis of the evidence of PW1 and PW2 when PW3 and PW4 had denied seeing him at the scene of the crime. His first appeal was…