JUDGMENT OF THE COURT
This is a second appeal against the conviction and sentence to death of the appellant James Njilithia (hereinafter “the appellant”) of robbery with violence contrary to section 296(2) of the Penal Code.
The particulars of the offence stated in the charge sheet were:-
“On 26th day of July 2001 at Meru Township,Ntima Location within Eastern Province, jointly with others not before court armed with offensive weapons namely rungus and swords robbed Joseph Munene cash Kshs. 5,000/-, one jacket, wrist watch and cap all valued at Kshs. 6,650.00 and at or immediately before or immediately after the time of such robbery used personal violence to the said Joseph Munene.”
Joseph Munene, the complainant, was PW 1 at the trial before the Chief Magistrate Meru Law Court (A.O. Muchulele C.M.).
The evidence of PW1 at the trial was given on 16th October 2001as follows:-
“I am MANENE JOSEPH. I stay in Meru North, Tigania, Rware village. I work in butchery at Gakoromone in Meru Town. I r…