JUDGMENT OF THE COURT
The appellant, FRANCIS MUTUKU NZANGI was charged, tried, convicted and sentenced to death, before the Chief Magistrate’s Court at Machakos on a single count of attempted robbery with violence contrary to Section 297(2) of the Penal Code. The particulars of the offence as set out in the charge sheet were;
“On the 2nd day of June 2004 at around 7.00am along Ngei Road, Machakos Township Machakos District within Eastern Province, jointly with others not before court while armed with pangas [he] attempted to rob ABDUL GHANI AYUB of his money and at, or immediately before or immediately after the time of such robbery (sic) wounded the said ABDUL GHANI.”
The evidence by the prosecution was that on the material day and time, the complainant ABDUL GHANI AYUB (PW1) was praying in his retail shop christened Salim Emporium where he sold bicycles, their spare parts, mattresses, sewing machines and the like. He heard a knock at the front door. Going to answer it, he found the app…