GODFREY MUNGAI KAMAU V. REPUBLIC

JUDGMENT OF THE COURT

1. Godfrey Mungai Kamau was charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal code. The Information is that on the 18^th day of February, 2010, at Kieganguru area within the then Eastern Province, the appellant jointly with others not before court and armed with dangerous weapons namely AK 47 rifle robbed one Joshua Maina motor vehicle lorry Mitsubishi FH registration no. KAV 663K valued at Ksh. 2,100,000/=; 346 assorted gas cylinders valued at Ksh. 1,121,000/-; Nokia 1202 mobile phone valued at Ksh. 2,000/= and cash Ksh. 5,000/= and at or immediately before or immediately after the time of such robbery used actual violence to the said Joshua Maina.

2. Upon hearing the case, the trial magistrate convicted and sentenced the appellant to death as by law provided. His appeal to the High Court was dismissed and the appellant has lodged this second appeal.

3. The prosecution’s case hinged on the testimony of the complainant, PW1, J…