DOMINIC KABURU MUHORO V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Dominic Kaburu Muhoro appeals to this Court against the judgment of the High Court at Nyeri (Sergon and Wakiaga, JJ.) rendered on 18^th October, 2012 dismissing his first appeal against conviction on charges of robbery with violence contrary to Section 296 (2) of the Penal Code for which he was sentenced to suffer death by the Chief Magistrate’s court at Nyeri.

The particulars of the offence were that on the night of 17^th October, 2004 at Sangore Ranch Village in Nyeri District, the appellant jointly with others while armed with dangerous weapons namely, pistol, pangas, rungus and sword robbed one Michael Prettee John (PW1), of Karuri, of personal items and cash valued at Kshs 1 Million and at or immediately before or after the time of such robbery injured him. In the second count while so armed they robbed one John Ngare Kariuki of a wrist watch and Ksh. 500 and used personal violence on him. The third count was with respect to one Joseph Ngunjiri Ki…