JOHN IRUNGU V. REPUBLIC

JUDGMENT OF THE COURT

This is a second and last appeal. The appellant, John Irungu, was charged in the Chief Magistrate’s Court at Makadara with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were that:

“On the 6^th May of 2000 at the Junction of Mombasa Road and Imara Daima murram Road jointly with others not before the court being armed with a pistol robbed Caroline Kalande Otingo of a motor vehicle Reg. No. KAC 578X Peugeot 205 and cash Ksh.7,000 and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said Caroline Kalande Otingo.”

The appellant pleaded not guilty to the charge but after full hearing, he was found guilty as charged, convicted and sentenced to death as mandatorily provided by law. He was not satisfied with the subordinate court’s decision and proceeded on appeal to the superior court. The superior court dismissed the appeal and upheld both the c…