<p class="ql-align-center">JUDGEMENT OF THE COURT</p><p class="ql-align-justify">This is a second appeal by the appellant Daniel Wycliffe Namai from the concurrent findings of the two lower courts where the appellant was convicted of the offence of robbery with violence contrary to Section 296 (2) of the Penal Code and sentenced to death. Being a second appeal we are concerned with an examination of issues of law but not matters of fact which the courts below have made findings upon unless, of course, there has been misdirection on the treatment of facts. See the cases of Njoroge v. R [1982] KLR 388 and Thiongo v. R [2004] IEA 333 on the role of this Court on 2^nd appeal like this one.</p><p class="ql-align-justify">The seemingly uncomplicated facts of the case as made out by the prosecution through the witnesses were that on 27^thApril, 2005 at 7:40 p.m while Florence Akinyi Odongo (PW1) (Florence) was serving her family the evening meal, intruders suddenly entered the house. They were dressed in police uniform and one brandished a gun. Electric light was on. Florence and h…</p>