GODRICK SIMIYU WANGA V. REPUBLIC

JUDGMENT OF THE COURT 

A.   INTRODUCTION

[1]    This appeal challenges the decision of the Court of Appeal upholding the conviction and a sentence of 30 years imprisonment of the appellant, Goddrick Simiyu Wanga, on two counts of robbery with violence.

B.   BACKGROUND

[2]   The appellant together with 7 others were tried, convicted, and sentenced before the Senior Principal Magistrate Court at Kilifi with two counts of the offence of robbery with violence. The prosecution presented evidence to the effect that on 4th December 2013 at Bofa area in Kilifi County, the appellant and his confederates, while armed with a dangerous weapon, namely a pistol, robbed Yul Wenger (PW1) and his wife, Heike Wenger (PW2) of personal effects valued in total at Kshs. 12,300,000/- and that immediately before the time of such robbery, threatened to use personal violence against their victims.

In this judgment, we shall mainly be concerned with the appellant, as the rest of the persons convicted with him have n…