JUDGMENT
The appellant was jointly charged with one Felix Muhongo Murwa for the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars were that on 8th September, 2013 at Mukulusu sub-location, Kakamega East District within Kakamega County, jointly with others not before court, while armed with dangerous weapons namely, pangas, he robbed David Chumba India, of Ksh. 5000 and immediately after the time of such robbery used actual violence on him.
The appellant was arrested and arraigned before the Chief Magistrate’s Court at Kakamega and charged via Criminal Case No. 2096 of 2013. The trial magistrate (S. M. Shitubi, CM) evaluated the evidence tendered before the court, convicted the appellant and sentenced him to death.
Aggrieved by the conviction and sentence, the appellant appealed to the High Court. The appeal was heard by Sitati & Mrima, AJ. who, by a judgment delivered on 10th February, 2016, upheld the conviction and sentence and dismissed th…