<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">The appellant was convicted by <em>F.M. Nyakundi</em> the Ag. Principal Magistrate Makueni, for attempted robbery contrary to <em>section 297(2)</em> 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.</p><p class="ql-align-justify">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 <em>Teresia Ndinda Kiio</em> of cash money and at the time of such robbery threatened to use violence to her.</p><p class="ql-align-justify">The complainant (<em>Teresia)</em> had at the material time a shop at Kiteei market but was living at her home about one kilometer away. <em>Mutinda Kilonzo (Mutinda</em>) was the watchman at her shop while <em>Daniel Mutisya Mutio</em> (<em>Mutio</em>) was the watchman at her home.</p><p class="ql-align-justify">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…</p>