JUDGMENT OF THE COURT
The appellant, Stephen Maina Mungai , was convicted by the Senior Resident Magistrate, Nairobi, of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death. The charge against him stated that on 31st August, 1994 at Dunga Road, Industrial Area, Nairobi, with others not before the court, he robbed Gilbert Kariuki of Shs 600,000/= in cash, and in the course of the robbery he shot and killed one Kennedy Gituno (Kennedy).
On the material day Gilbert Kariuki (P.W.2), a cashier, was sent by his employer, Pashpidu Singh (P.W.1) , to go and withdraw Shs 600,000/= for wages at the Kenya Commercial Bank Limited, Moi Avenue Branch in Nairobi. He asked his assistant, Kennedy, to accompany him and they left in a Mercedes Benz KRN 234 driven by John Mbugua (P.W.3). The cash was issued in notes of various denominations and coins. As a matter of precaution Kariuki split the notes between himself and Kennedy and each of them carried these in the poc…