JUDGMENT OF THE COURT
The appellant, Stanley Khakobi Songa, is aggrieved by the judgment of the High Court (Chitembwe and Thuranira, JJ.) dated 7th June 2012, which dismissed his appeal against conviction and sentence of death for the offence of robbery with violence contrary to section 296 (2) of the Penal Code. The conviction and sentence were entered on 20th November 2009 by the Chief Magistrate’s Court, Kakamega.
It was alleged in the trial court that on 24th December 2008, at Simuli village in the present Kakamega County, the appellant, jointly with others not before the court, and being armed with dangerous weapons, to wit, swords and rungus, robbed Geoffrey Khaemba (PW1) of one pair of slippers, one matchbox, cigarettes and cash, Kshs 10, and at the time of the robbery used actual violence on PW1. After pleading not guilty to the charge, the appellant stood trial, with the prosecution calling 5 witnesses to prove its case.
The substance of the prosecution case was that at about 7.…