CHARLES MWITA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Charles Mwita , was convicted on a charge of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death as mandatorily provided by law.

The particulars of the offence were that on the 29th August, 1999 at Kosoiywo Estate in Nandi District of the Rift Valley Province being armed with simis and iron bars, jointly with others not before court robbed Evans Achanga Mbaya of his motor vehicle battery valued at Kshs.4,000/= and at the time of such robbery wounded the said Evans Achanga Mbaya.

The facts may be briefly stated. The complainant Evans Achanga Mbaya (PW1) and his wife Caroline Achieng’ (PW2) were resting in their house at about 8.00 pm, on 29th August, 1999 when some people knocked at the door, saying they were census officials. Caroline opened the door for these people explaining to them that they (PW1 and PW2) had already been counted. These people hit Evans on the head with an iron bar while demanding money. Evans…