PAUL KATANA NJUGUNA V. REPUBLIC

JUDGMENT OF THE COURT

1. The appellant, PAUL KATANA NJUGUNA, was charged before the Magistrate's Court at Thika with robbery with violence contrary to Section 295 as read with Section 296(2) of the Penal Code and attempted robbery with violence contrary to Section 297 (2) of the Penal Code. He was tried and convicted of both counts and sentenced to suffer death. Being aggrieved by his conviction and sentence, the appellant lodged an appeal in the High Court. The High Court, (Ogola and Kamau, JJ.), dismissed the appeal. The appellant has now brought a further appeal to this Court. Initially, the appellant filed a memorandum of appeal and grounds of appeal in person. Subsequently, his advocate filed a supplementary memorandum of appeal under Rule 65(2) of the Rules of this Court.

2. During the hearing of the appeal, learned counsel, Paul Mugwe Nyaga, who appeared for the appellant relied mainly on the supplementary grounds of appeal and the list of authorities that had also been filed. In…