JUDGMENT OF THE COURT
[1] This is an appeal from the Judgment of the High Court, (Azangalala and Mshila, JJ.), dismissing the appellant’s appeal against conviction and sentence of death for the offence of robbery with violence contrary to section 296 (2) of the penal code.
[2] The particulars of the charge of robbery with violence alleged that on 24th January, 2009 at Eldoret Township, the appellant jointly with others not before the court while armed with a dangerous weapon namely, a pistol robbed Sophia Lobolei, (complainant), of Kshs. 70,000 and at or immediately before such robbery wounded her.
The complainant is an M-pesa agent running M-pesa services at the top floor of KCB building at Eldoret. On 24th January, 2009 at about 2 p.m. when she was about to take the money to the bank a person entered into the premises, removed a pistol from the waist, pointed it at her head and told her to keep quiet. Two minutes later, a second person whom she identified as the appellant entered, clos…