JUDGMENT OF THE COURT
This is a second appeal, against both conviction and sentence.
The appellant, Martin Mugambi Karindi, was charged and convicted of the offence of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to suffer death as by law established, by the Senior Resident Magistrate’s Court at Meru on 23rd March, 2006. The particulars of the charge, as stated in the charge sheet, were that:
“On the 19th day of May, 2002 at Kathama Kaindi village in Kianjai location, Meru North District within the Eastern Province, jointly with others not before court while armed with offensive weapons to wit axes and knives robbed James Kinoti Ithula cash Kshs.20,000/=, one crate of soda, four bundles of cigarettes, seven pairs of dry cells and seven loaves of bread all valued at Ksh.22,445/= and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said James Kinoti Ithula.”
He appealed against conviction to t…