JUDGMENT OF THE COURT
This is a second appeal against both conviction and sentence of the High Court of Kenya at Nairobi, (Ojwang and Omondi, JJ) dated 14th October, 2008 in High Court Criminal Appeal No. 524 of 2006.
The appellant, BENJAMIN KARIUKI WAIRIMU, was charged in the Chief Magistrate’s Court at Kibera, in Criminal Case No. 7746 of 2005, with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code and sentenced to death. Particulars of the offence were that:
“On the 5th day of November, 2005 at Ngong Township in Kajiado Distrtict within the Rift Valley Province, jointly with another not before the court robbed Ruth Wambui of KShs.300/= and at or immediately after the time of such robbery used actual violence.”
The record before us shows that the appellant pleaded “not guilty” to the charge and was granted bond by the trial court. At the end of the trial, the Principal Magistrate, Mrs Wasilwa, found him guilty of the offence charged, convicted him under …