NICHOLAS NDUBI CHOSIMBA ALIAS OCS V. REPUBLIC

JUDGMENT OF THE COURT

1. The appellant was charged and convicted of robbery with violence and being in possession of public stores; namely, one police coat. The robbery was said to have been committed on 3^rd August 2011 at Kegoye village, Wamuluma location in Vihiga County. The appellant, jointly with others not before court, while armed with dangerous offensive weapons, were alleged to have robbed Linah Muloma of her four mobile phones, a DVD, two speakers, a briefcase and cash Kshs.10,000/=.

2. The appellant was sentenced to death on the count of robbery with violence. His first appeal to the High Court was unsuccessful hence a second appeal to this Court.

3. The brief facts that gave rise to this appeal were that on 2^nd August, 2011 at about 12.30 a.m. Lina Muloma, PW1, was sleeping in her house while her husband, PW2, was watching television with their son in the sitting room. Two people armed with pangas and flashing torches, entered her bedroom. They took Kshs.10,000/= from her han…