JUDGMENT OF THE COURT
The appellant SAMUEL KARANI KIAMBATI and DAVID MUTETHIA ISAACK were tried by Senior Resident Magistrate Nkubu apparently on two counts of robbery with violence contrary to section 296(2) of the Penal Code. The appellant who was the first accused at the trial was convicted on the two counts and sentenced to death while the co-accused was acquitted of the two offences.
The appellant duly appealed against conviction and sentence to the superior court but his appeal was dismissed precipitating this appeal.
On the night of 30th May, 1998, Silas Mbaabu Itithia (PW1) (first complainant) and wife Beatrice Mbida Mbaabu (PW2) were asleep in their house, Kiria village Kariene in Meru District when robbers broke open the door of the house using a stone and proceeded to the bedroom. A total of six people entered in the bedroom. All the robbers had torches, one was armed with a rifle and the rest with rungus. Beatrice who was thrown out of the bed offered to give the robbers mone…