JOHN MAINA MACHARIA V. REPUBLIC

JUDGMENT OF THE COURT

1. JOHN MAINA MACHARIA, the Appellant, was charged with robbery with violence contrary to Section 296(2) of the Penal Code. The particulars of the charge alleged that on the 19^th March 2003 at Second Avenue in Eastleigh in Nairobi within Nairobi Area, jointly with others not before court, and being armed with dangerous weapons namely pistols, he robbed Francis Mutuku Kavithi of his motor vehicle Registration Number KAP 762B Isuzu Trouper pick-up valued at Kshs.1.4 million and at or immediately before or immediately after the time of robbery, threatened to use personal violence to the said Francis Mutuku Kavithi.

2. The appellant pleaded not guilty to the charge but after trial before the Chief Magistrate’s Court at Makadara, he was convicted and sentenced to death. His appeal to the High Court having been dismissed he has preferred a second appeal to this court.

3. In his supplementary memorandum of appeal the appellant complains that his trial was a nullity for fai…