JUDGMENT OF THE COURT
[1] Samuel Karanja Wanjiru, appellant was charged before the Chief Magistrates’ Court at Thika with the offence of robbery with violence contrary to section 296 (2) of the Penal Code. The appellant was tried, convicted and sentenced to death. His appeal before the High Court was unsuccessful; it was dismissed, with the result that both the conviction and sentence were upheld. This is a second appeal and that being so, this Court will not normally interfere with concurrent findings of fact by the two courts below unless such findings are based on no evidence, or are based on a misapprehension of the evidence, or the courts below are shown demonstrably to have acted on wrong principles in their findings. See Chemangong -vs- R [1984] KLR 611. In Kaingo -vs- R (1982) KLR 213 at p. 219 this Court said:-
“A second appeal must be confined to points of law and this Court will not interfere with concurrent findings of fact arrived at in the two courts below unless based on …