JOHN MUTUKU MUASYA V. REPUBLIC

JUDGMENT OF THE COURT

This is the second and last appeal by John Mutuku Muasya against his conviction on one count of robbery with violence contrary to section 296 (2) of the Penal Code and one count of grievous harm contrary to section 234 of the Penal Code. It had been alleged in the charge sheet laid before Kitui Principal Magistrate, Mr. M. N. Gicheru, that the appellant, together with another who was acquitted on appeal, on the night of 1^st and 2^nd February, 2003, at Nzangathini village, Kwa-Konza Location in Kitui District, jointly and while armed with dangerous weapons, namely pangas, robbed Florence Ngilee of one bicycle, 50 Kgs of dry beans, one wrist watch, one small purse, one belt, one radio and cash Kshs.2000/- all valued at Kshs.15,000/- and at or immediately before or immediately after that robbery wounded the said Florence Ngilee. The second count related to grievous harm on Esther Ngilee during the same robbery. Upon his conviction, the appellant was sentenced to death…