JUDGMENT OF THE COURT
The appellant was convicted by the Senior Resident Magistrate Malindi on three counts, namely, – attempted robbery with violence contrary to Section 297 (2) of the Penal Code in Count I and sentenced to death; being in possession of a firearm in Count II and being in possession of ammunitions in Count III both contrary to Section 4 (2) (a) as read with Section 4 (3) (a) of the Firearm Act and sentenced to 7 years imprisonment respectively. The sentences were ordered to run concurrently. His appeal to the superior court against conviction and sentence was dismissed. Thus this is his second appeal.
The prosecution case was based on the following evidence.
The complainant in the 1st count of attempted robbery Cosmas Kadenge Charo (Charo) was at the material time operating a taxi registration number KAM 128S, a Toyota corolla, in Malindi town owned by Tom Mongare. On 15th March, 2002 at about 7.30 p.m. a person whom he identified to be the appellant approached him at th…