JUDGMENT OF THE COURT
The appellant, Stephen Oketch alias Baba Boaz was charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the charge were that:
“On the 12th day of January, 2007 at about 7.45 a.m. at Umoja area in Mombasa District within Coast Province, jointly with others not before court, while armed with dangerous weapons namely knifes (sic) robbed of (sic) Everlyne Ahata Shihemi of cash Kshs.700/= a mobile phone make Nokia 1110 and a handbag all valued at Kshs.6,300/= and at or immediately before or immediately after the time of such robbery used actual violence to the said Everlyne Ahata Shihemi.”
The appellant pleaded not guilty to the charge and his trial commenced before T. Mwangi, the then Senior Resident Magistrate Mombasa. On 22nd October, 2007 the appellant was convicted and sentenced to death as per the law prescribed. The appellant was dissatisfied with the conviction and sentence and filed Mombasa High Court …