JUDGMENT OF THE COURT
Stanley Kaaria alias Kibogoyo, the applicant herein, was charged jointly with others not before court on two counts of robbery with violence, contrary to section 296(2) of the Penal Code, and sentenced to death by P. M. Ndung’u, Principal Magistrate, Isiolo. His appeal to the superior court (Onyancha, Okwengu, JJ.) was dismissed on 3rd May 2004. He now appeals to this Court by way of a second appeal and that being the position section 361(1) of the Criminal Procedure Code, Chapter 75 Laws of Kenya, restricts the jurisdiction of the Court to dealing only with matters of law.
The evidence on which the appellant was convicted and sentenced, and which was accepted by both the trial court and the superior court was that Francis Muriungi (PW1) and Francis Kirimi (PW2) of Sokoni Isiolo, were walking home on the evening of 1st March, 2001, at about 8.00 p.m. As they walked past the Mosque called Al-Farah, they met a person whom they both identified as Kibogoyo (appellant).…