JUDGMENT OF THE COURT
The appellant Samuel Kimama Mwangi was on September, 2004 convicted by the Senior Resident Magistrate’s Court at Kangema in Muranga of the offence of robbery with violence contrary to section 296 (2) of the Penal Code and sentenced to death.
The evidence in the trial court was that F M J (PW1) attended a disco at Koimbi on 2nd August, 2004. She decided to visit the toilet at around 6.00 a.m. As she left the toilet she met two men and one of them held her by the neck and told her that he wanted to rape her. The other man slapped her and she fell down. She began screaming. One of the two took her jacket which she was wearing. The jacket had her mobile phone, Ksh.500 and her cap. She screamed and her colleagues came out of the disco to help her. She was able to hold on to the appellant but the appellant’s companion managed to escape. The appellant tried to free himself by biting her hand but she managed to hold him and continued holding him until her colleagues came t…