MAXWELL KIMANI NJUGUNA V. REPUBLIC

JUDGMENT OF THE COURT

Maxwell Kimani Njuguna , the appellant herein was tried and convicted by a Senior Resident Magistrate at Mombasa on a charge of robbery with violence contrary to section 296(2) of the Penal Code and as that charge is mandatorily punishable by death, the appellant was duly sentenced to suffer death. His first appeal to the High Court, (Ouna, J. and Commissioner of Assize Khaminwa), was heard and dismissed on 17th June, 2002.The appellant now appeals to the Court a second time and that being so only matters of law can fall for our consideration.

Learned counsel for the appellant, Mr. Buti, argued two points before us. If we understand him correctly, the first point was on the discrepancy between the amount of money stated in the charge sheet as having been stolen and the amount stated in the evidence of the witnesses as having been stolen or recovered. Leaving aside the other items listed therein, the particulars contained in the charge sheet were that three Austria…