PAUL LITUNYA TUNDO V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Paul Litunya Tundo, was convicted of robbery with violence contrary to Section 296 (2) of the Penal Code by the Senior Resident Magistrate's Court Mumias (E.K. Makori, SRM) on 4^th October, 2007 and sentenced to death the following day. The particulars of the offence were that on the 3^rd day of March, 2006 at Emaholia village, Mundobelwa Sub-location, Kisa North Location, in Butere/Mumias District within former Western Province, the appellant jointly with others not before court, while armed with rungus and pangas, robbed Everlyne Obonya Tundo ("the complainant'') of one sufuria, two pangas and four plates all valued at Kshs.780/= and at or immediately before or immediately after the time of such robbery wounded the said complainant. His appeal to the High Court was dismissed, hence this appeal.

This is a second appeal and only issues of law may be raised by dint of the provisions of Section 361 of the Criminal Procedure Code. See also the case of Mri…