JUDGMENT OF THE COURT
This is a second appeal by SIMON KANGETHE (the appellant) against the judgment of the High Court dated 6th November, 2007 which upheld the conviction and sentence issued by the Senior Principal Magistrate (L.W. GICHEHA) at Thika in Criminal Case No. 2348 of 2005.
Background
The appellant was after trial, convicted by the Subordinate Court sitting at Thika, for the offence of robbery with violence contrary to Section 296(2) of the Penal Code and sentenced to death.
The particulars of the offence were that:“ ... on the 29 t h of April in Thika District of Central Province while armed with a panga robbed K M K of a bag containing two bed sheets, one pair of trouser, one novel, one pair of shoes, one shirt, three underwears, all valued at KShs.2,950 and at, or immediately before the time of such robbery used personal violence to the said K M K.”
The prosecution called a total of five (5) witnesses in support of its case. A summary of the prosecution case was that on 28th …