JOHN KAMAU ALIAS KAMAA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant JOHN KAMAU ALIAS KAMAA and his co-appellant MUSTAFA MUJUMBE ODHIAMBO (MUSTAFA) were convicted by the Senior Resident Magistrate, Kajiado of the offence of robbery contrary to section 296 (2) of the Penal Code and sentenced to death. The superior court dismissed their respective first appeals against the conviction and sentence. They have subsequently filed separate appeals in this Court which have been consolidated. Mustafa, however died before his appeal was heard and his appeal thereupon abated.

The complainant Peninah Yuko (Peninah) and her sister, Janet Atieno Yuko (Janet) were asleep in the complainant’s house at Majengo, Kajiado on the night of 23^rd June, 2002. At about 4.30 a.m. they heard a bang. Peninah woke up. Two people armed with pangas and rungus entered into the bedroom, switched on the lights and ordered Peninah to produce money. When she said that she had no money, she was hit on the head with a panga and the robbers ordered her to go…