JUDGMENT
Moses Mwangi Kanyeki, the appellant herein, was tried and convicted on three counts of robbery with violence contrary to section 296(2) of the Penal Code by a Senior Resident Magistrate at Nyeri and upon that conviction was sentenced to suffer death in the manner authorized by the law. He appealed to the High Court at Nyeri but by its judgment dated and delivered on 1st December, 2000, the High Court (Juma and Tuiyot, JJ) dismissed his appeal. The appellant now appeals to this Court by way of a second and final appeal.
When the appeal came up for hearing before us on 1st November, 2004, the learned senior state counsel (Mr Orinda) drew our attention to the fact that prosecution of the appellant before the learned Senior Resident Magistrate was conducted by a person who was not qualified to conduct such prosecution, to wit, a sergeant of police. Having so stated, Mr Orinda submitted that the evidence against the appellant was clear as the two prosecution witnesses (PW 1 and PW 3…