JOHN KINYUA MIRITI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant was convicted by the Principal Magistrate at Kibera, Nairobi on two counts of robbery with violence contrary to Section 296 (2) of the Penal Code and sentenced to death in each count. His appeal to the High Court was dismissed. Thus, this is his second appeal.

The complainant in the first count was Mary Wangu, (PW1) (Mary). The appellant was alleged jointly with others not before the court to have robbed Mary of cash Shs.2,700/=, 9 cups and a blanket on 7^th November, 2002 using actual violence.

The complainant in the second count was Simon Nesewa Lei (PW2, (Simon) who is the husband of Mary Wangu. The particulars of the charge alleged that the appellant in similar circumstances robbed him of one wheel spanner, one wrist watch, one radio and one coat all valued Shs.1,350/= using actual violence.

The two complainants lived at Kadisi in Ongata Rongai. On the evening of 7^th November, 2002 Mary was cooking in her kitchen while her husband Simon was in the ma…