JOHN GITONGA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant herein John Gitonga (alias) Kadosi was arraigned in the Principal Magistrates Court at Maua with the offence of Robbery with Violence contrary to section 296(2) of the Penal Code, in that on the 29^th day of August,2000 at 11.00 p.m at Amaku Sub location Kiengu location in Meru North District within the Eastern Province jointly with others not before the court while armed with dangerous weapons namely pangas and iron bars robbed John Mutua M’Ekotha of cash Kshs.50,000 and at or immediately before the time of such robbery used actual violence to the said John Mutua M’Ekotha. The appellant denied the charge. He was tried, found guilty, convicted and sentenced to the only statutory sentence known to law then for the said offence, namely to suffer death as by law, established by N. Kimani PM on the 20^th day of June,2002.

The appellant became aggrieved by that decision and he appealed to the High Court at Meru vide Meru Criminal Appeal No. 213 of 2002 citin…