JUDGMENT OF THE COURT
The appellant before the Court is Jackson Njoroge Gitau. He was tried and convicted by a Principal Magistrate at Nyeri on one count of robbery with violence contrary to section 296(2) of the Penal Code and was duly sentenced to death. The particulars of the charge against him were that during the night of 1st and 2nd January, 1994 at Othaya Township in Nyeri District within Central Province, while he was armed with a dangerous weapon namely a pistol, he had robbed No. 38611 Police Constable Antony Nzomo of his G3 rifle Serial No. 674074 with 20 rounds of “life” (sic) ammunition of calibre 7.62 mm, all valued at K.Shs.10,000/=, the property of Kenya Government and that during the said robbery, the appellant shot dead Constable Nzomo and Police Corporal Mutunga Angaine.
Following the conviction and sentence by the magistrate, the appellant appealed to the High Court, but by its judgment dated and delivered on 4th May, 2004, the High Court (Onyancha and Kubo, JJ.) dis…