JUDGMENT OF THE COURT
KENNEDY PETER KUNGU, the appellant, was after trial convicted of robbery with violence contrary to section 296(2) of the Penal Code. It was alleged that on 25th June, 2002, at Kiserian, Kajiado District, with others while armed with dangerous weapons namely simis and rungus robbed Samuel Kamau Mucheru, the complainant, of his watch and cash and at or immediately before or immediately after the time of such robbery used actual violence on the complainant. Upon conviction, the appellant was sentenced to death. His first appeal to the High Court of Kenya (Lesiit and Makhandia, JJ) was dismissed on 6th May, 2006 and hence this appeal. On the material day at about 5.00p.m., the complainant and several other farm workers of Peter Kibinge (PW1) were being ferried home on top of a pick-up. As the pick-up slowed down at the bumpy section of the road, a group of five or so people approached the pick-up and pulled down the complainant. The group then proceeded to assault the…