PATRICK MWANGI MWAMBA V. REPUBLIC

JUDGMENT OF THE COURT

The appeal herein is against the judgment of Mutende, J dated 15^th June, 2017. A brief background will give context to this appeal. Patrick Mwangi Mwamba (the appellant herein), Boniface Kisiva Mbuli and Pius Irungu Ndungu were charged with the offence of robbery with violence contrary to section 296 (2) of the Penal Code, the particulars being that on 27^th February, 2013 at Makuyu-railway line in Murang’a County within the Republic of Kenya, while armed with offensive weapons namely, knifes and rungus, jointly robbed Sylvia Wanjiku cash of Kshs 1,000 and a mobile phone make Techno, valued at Kshs 2,000 and at or immediately after the time of such robbery used actual violence on Sylvia Wanjiru.

In a trial conducted by A. Lorot, the then Senior Principal Magistrate, Thika Law Courts, the appellant was found guilty as charged and sentenced to death as per the law then prescribed. The 2^nd and 3^rd accused persons were, however, acquitted.

Dissatisfied with the convictio…