JEREMIAH GATUIKU KIRIUNGI V. REPUBLIC

JUDGMENT OF THE COURT

JEREMIAH GATUIKU KIRIUNGI (the appellant) comes before us on a second and final appeal against his conviction by Kerugoya Senior Resident Magistrate, J.N. Onyiego, for the offence of robbery with violence contrary to Section 296(2) of the Penal Code. It had been alleged in the charge sheet laid before that court that on the 14^th day of April, 2004 at Kiamichiri village in Kirinyaga District, jointly with others not before the Court, the appellant robbed Elijah Mwaniki Ngarari one bicycle, make Avon, size ‘24’ a pair of shoes, a shirt and cash Kshs.3,000/= all valued at Kshs.7,500/= and at or immediately before or immediately after the time of such robbery used actual violence on the said Elijah Mwaniki Ngarari. Upon his conviction he was sentenced to death as the law provides. His first appeal was dismissed by the superior court (Kasango and Makhandia, JJ), hence this appeal.

The appellant drew up a memorandum of appeal in person and raised six grounds, but four of…