<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">[1] This is an appeal against the judgment of the High Court dated the 26^th day of November, 2013, by Ougo and Abuodha, JJ. The appellant, John Gichuki Ngatia, was tried and convicted by the Senior Principal Magistrate’s Court at Nanyuki on a charge of robbery with violence contrary to <em>Section 296 (2)</em> of the <em>Penal Code</em>. It was alleged that:</p><p class="ql-align-justify"><em>“On the 27</em><em>^th</em><em> day of November, 2009, at Gathuiru village in Nyeri North District within Central Province, being armed with a toy pistol robbed IBRAHIM WANJOHI MWANGI of a MOTOR BIKE make Captain Registration Number KMCF 1299C and of a mobile phone Motorolla C18 all valued at Kshs.83,800/= and at or immediately before or after the time of such robbery threatened to use actual violence to the said Ibrahim Wanjohi Mwangi”.</em></p><p class="ql-align-justify">[2] The appellant pleaded not guilty and after trial, he was found guilty, convicted and sentenced to death. He appealed before the High Court at Nyeri but his appeal was unsuccessful. This is a second appeal, that…</p>