JUDGMENT OF THE COURT
Paul Nzioka Mutua , the appellant, was convicted by the Principal Magistrate at Malindi of robbery with violence contrary to section 296(2) of the Penal Code on an indictment which alleged that on 25th September, 1998 at Italian Pasta Company in Malindi Location, jointly with others not before the court while armed with dangerous weapons robbed Bakari Mohammed Mweri of one motor cycle, one bicycle, one fridge, one weighing machine, one wheelbarrow and other items all valued at KShs.189,925/= and in the process used violence on the complainant. The appellant was sentenced to death. His appeal to the superior court against both conviction and sentence was dismissed and he now brings this second appeal to this Court.
The robbery took place on the night of 24.9.98 when a gang of three armed robbers attacked the security guard at the premises of Italian Pasta Company and after overpowering him made away with the items listed on the indictment. A couple of days later the…