JUDGMENT
The appellant, Morris Muhoro Kingori, was convicted by the learned Senior Resident Magistrate at Nyeri, of the offence of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death as mandatorily provided by the law. His appeal to the High Court was dismissed and he comes to us by way of a second appeal.
The facts of the case may be briefly stated. It was the prosecution’s case that both the appellant and the complainant (David Irungu) hailed from the same village and on the 24th October, 2000 the complainant was walking home in the company of Mwangi Thuku (PW2). It was about 9.30 pm when the complainant saw the appellant and another person standing beside a path. The complainant flashed his torch and was able to recognize the appellant but not the other person. The appellant and his companion attacked the complainant who fell down. The complainant was able to recognize the appellant who had an iron bar and a sword. In the course of the robbery th…