JOHN KAHONGO MWANGI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, JOHN KAHONGO MWANGI, was charged, tried, convicted and sentenced to suffer death on a single count of robbery with violence contrary to Section 296(2) of the Penal Code before the Senior Resident Magistrate’s Court at Makadara. The particulars of the offence were that:

“On the first day of March 2005 at Eastleigh Nairobi within the Nairobi area jointly with another not before court being armed with dangerous weapons namely pistols robbed ADAN IBRAHIM MOHAMED his mobile phone make Nokia 1100 valued at Kshs.5600/= and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said ADAN IBRAHIM MOHAMED.”

The prosecution case was that on 1st March, 2005, the Complainant, Adan Ibrahim Mohamed (PW1), was on his way to his butchery from a nearby Mosque, in the company of PW2. As they approached Deliverance Church, Eastleigh, they came upon some seven youths who ordered them to surrender everything they had…