JUDGMENT OF THE COURT
The appellant was convicted by the Senior Resident Magistrate, Nairobi of robbery with violence contrary to Section 296 (2) of the Penal Code and sentenced to death being the only sentence authorized by the law. His appeal to the superior court against conviction and sentence was dismissed. Thus, this is a second appeal.
The charge stated that the appellant jointly with others not before the court while being armed with simis, axes and pangas robbed Lawrence Muthiani Maithya of cash Shs.50,300/= a colour television, cassette deck, 50 video cassettes, radio, 5 men’s suits, 40 pairs of shoes and other goods all valued at Shs.189,200/= and at or immediately before or immediately after the time of robbery used personal violence on Hassan Kwoba which resulted in his death.
The complainant Lawrence Muthiani Maithya (PW1) was at the material time – that is 25th September, 1990 living at Ridgeways, Nairobi with his wife Mary Muthiani and their four children including Doris …