JUDGMENT OF THE COURT
Paul Kamau Macharia (the appellant) was convicted by the Chief Magistrate's Court at Nyeri on a charge of robbery with violence contrary to section 296 (2) of the Penal Code. The charge against him was that on 5th day of March, 2000 at Mweiga Airstrip in Nyeri District, with others not before the court, while armed with dangerous weapons, robbed John Maina Munyeki of a motor vehicle registration No. KAG 794G Toyota Hiace and used violence on him. The appellant was sentenced to death. He appealed to the superior court against both conviction and sentence but his appeal was dismissed on 31st July, 2000. He has now brought this second appeal.
The prosecution's case was that on 5th March, 2000 John Maina Munyeki (deceased) was driving the matatu KAG 794G along Mweiga - Nyeri road. At Mweiga airstrip the vehicle stopped for Gerald Macharia (P.W.2), a passenger, to get off. As Macharia attempted to disembark, he was pushed back by a person who had been posing as a passen…