JOHN NJUGUNA WAINAINA V. REPUBLIC

JUDGMENT OF THE COURT

The charge upon which Johnson Njuguna Wainaina, the appellant herein, was tried and convicted by the Senior Resident Magistrate at Molo was one of robbery with violence contrary to section 296 (2) of the Penal Code and upon his conviction on that charge he was duly sentenced to death by the Magistrate. The particulars of that charge were that on 13^th February, 2003, at Ndenderu Farm in Molo, jointly with another not before the court and while armed with an offensive weapon, namely a knife, the appellant robbed James Wamweya Njoroge of Kshs.5,100/- in cash and that during that robbery the appellant threatened to use actual violence on the said James Wamweya Njoroge. The appellant upon his conviction and sentence appealed to the High Court but by its judgment dated and delivered on 3^rd March, 2006, the High Court (Koome and Musinga, JJ) dismissed his appeal and confirmed the sentence of death. The appellant now comes to this Court by way of a second appeal and as Mr…