JUDGMENT OF THE COURT
ROBERT MBURUGU GITUMA alias KABUITU, the appellant herein, was arraigned before the Chief Magistrate, Meru, Mr. Muchelule, on a charge of robbery with violence contrary to section 296(2) of the Penal Code the particulars of the charge being that on 25.10.00 at Kiige village near Nkubu Township in Meru Central District within Eastern Province jointly with others not before Court and while armed with dangerous weapons namely, pistol and rungus, robbed SAMUEL CHOKERA of Kshs.65,585/- and used personal violence against him. The appellant was after trial convicted as charged and sentenced to death. His appeal to the High Court of Kenya at Meru (Juma and Mulwa, JJ) was dismissed on 11th July, 2002, hence, he comes before us by way of second and final appeal.
The evidence before the trial court is indeed brief and may be stated as follows. Samuel Chokera (PW1) and Jackson Nderitu (PW2) were at the material time the employees of Mafuko Industries in Meru Town. PW2 was the …