JONES MAKAU NDOLO V. REPUBLIC

JUDGMENT OF THE COURT

The appellant was convicted by F.M. Nyakundi the Ag. Principal Magistrate Makueni, for attempted robbery contrary to section 297(2) of the Penal Code, and sentenced to death. This is a second appeal, the appellant’s first appeal having been dismissed by the High Court.

The particulars of the offence alleged that on the night of 1^st March 2006, the appellant jointly with others not before the court and being armed with rungus and bow and arrows attempted to rob Teresia Ndinda Kiio of cash money and at the time of such robbery threatened to use violence to her.

The complainant (Teresia) had at the material time a shop at Kiteei market but was living at her home about one kilometer away. Mutinda Kilonzo (Mutinda) was the watchman at her shop while Daniel Mutisya Mutio (Mutio) was the watchman at her home.

On the night of 1^st March 2006 Teresia was asleep in her house together with her children. At about 1.00 a.m. two people went to the shop. Mutinda identified one of th…