JUDGMENT OF THE COURT
The appellant, SILAS MUNENE MWAURA, was one of seven accused persons who appeared before the Senior Resident Magistrate at Kerugoya on a charge of robbery with violence contrary to section 296(2) of the Penal Code. After trial six of the accused persons were acquitted but the appellant was convicted and sentenced to death. His appeal to the High Court of Kenya at Nyeri (Etyang and Juma, JJ) was dismissed on 29th October, 1998. The appellant now appeals to this Court against conviction and sentence.
The case for the prosecution was that on the night of 12th February, 1996, at about 9:00 p.m. the complainant, Naftaly Njeru Mukono, arrived at the gate of his house in a motor vehicle driven by one, Mr. Nyaga, whose relationship to the complainant nor his occupation was given to the trial court. As the motor vehicle stopped, some people approached the passenger side where the complainant had sat and as they prepared to attack, the complainant identified the appellant wh…