JUDGMENT OF THE COURT
This is a second appeal from the judgment of the superior court, Nairobi, dated 13th July, 1998, in which the superior court dismissed the appellant’s first appeal and upheld his conviction and sentence.
In the Court of the Principal Magistrate, Kibera, Nairobi, the appellant had been charged with, tried, and convicted of robbery with violence contrary to section 296 (2) of the Penal Code (Cap 63) Laws of Kenya and sentenced to the mandatory death penalty.
The particulars of the charge against the appellant alleged that he, jointly with others not before Court, on 1st November, 1995, at Hardy Estate, Nairobi, by use of violence, robbed one Daniel Muganga Hezekia of an assortment of goods and properties as set out in the charge.
Daniel Muganga Hezekia gave evidence as PW 1 at the trial and will be referred to accordingly in this judgment. He said he was employed by one Erick Muhia at Erick Muhia’s house in Hardy Estate, Nairobi.
PW 1 testified that on 1st November, 199…