JUDGMENT OF THE COURT
The appellant was before the Senior Principal Magistrate’s Court at Embu, convicted of the offence of robbery with violence contrary to section 296 (2) of the Penal Code and sentenced to death.
His appeal to the High Court was dismissed hence this second and probably the final appeal.
The factual background as presented by the prosecution and accepted by the two lower courts is that, Mr. Duncan Mugendi Gicugu (PW1), the complaint, was on 3rd March, 2002 at Gachengari stream of Rukira Sub-Location, Kithimu Location in Embu District and was in the company of a friend, Anthony Nyaga Thathi (PW2), when he was attacked by a gang of robbers who included the appellant. The gang who were armed with iron bars and knives stole from PW1, a jacket and Kshs.3,000.
Although the gang consisted of about six persons, PW1 and his companion were only able to identify the appellant. He was charged with robbery with violence contrary to section 296 (2) of the Penal Code.
In the appeal bef…