JUDGMENT OF THE COURT
1. BENARD SHIKUKU WANJALA (the appellant herein), appeals to this Court from the judgment of the High Court of Kenya at Busia (Ombija and G.B.M Kariuki, JJ.) dated 2nd July 2008 in which the learned judges dismissed the appellant’s appeal against his conviction and sentence of death imposed upon him by the Senior Resident Magistrate at Busia (B. Maloba) on 1st August 2003.
2. The appellant had been convicted of robbery with violence contrary to Section 296(2) of the Penal Code and sentence to death. The particulars were that on the night of 12th July 2002 at Aget village, Amerikwai sub-location, Angorom Location in Teso District of the Western Province, jointly with others not before court, being armed with dangerous weapons namely, pangas and rungus, robbed Josephat Wafula of one bicycle frame number 4453956, make road master, one radio cassette number 419171, make Trident. Four blouses, six skirts, one petty coat, five long trousers, thirty two baby clothes and o…