JAMES MAINA MBUGUA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant was convicted by the Senior Resident Magistrate, Nakuru of two offences namely, robbery with violence contrary to Section 296 (2) of the Penal Code and attempted robbery of the car with violence contrary to Section 297 (2) of the Penal Code and sentenced to death as authorised by law. He appealed to the superior court. The superior court allowed the appeal in respect of conviction for the offence of attempted robbery of the car but dismissed the appeal against the conviction for the offence of robbery. He now appeals to this Court on several grounds. The appellant was alleged to have robbed one Isaac Njuguna Mwangi of cash Shs.3,120/- and immediately before or after the time of such robbery used actual violence against the complainant.

The complainant was on the material day driving his motor vehicle registration number KWJ 030 Datsun pickup along Nairobi/Nakuru Road. He was stopped by two people at the junction of Limuru/Narok Road who asked for a li…