PETER GATIKU KARIUKI V. REPUBLIC

JUDGEMENT OF THE COURT

1. This is a second appeal by Peter Gatiku Kariuki (the appellant) who was convicted on 30^th January 2004 by the Senior Resident Magistrate (Hon. Mwai (Ms)) in Kibera Chief Magistrate Court Criminal Case No.8299 of 2003 and sentenced to death on 6^th December 2004 of the felony of robbery with violence contrary to Section 296(2) of the Penal Code, Chapter 63 of the Laws of Kenya. His appeal to the High Court was dismissed on 14^th June 2007 by J. B. Ojwang J. as he then was, and G. A. Dulu J. on the ground that “there were corroborative circumstances which reinforced and rendered quite safe the identification and recognition of the appellant as the culprit who, together with others, assaulted and robbed the complainant on the material night” and that “there was proof beyond reasonable doubt”.

2. The particulars of the charge against the appellant were that –

“on the 28^th day of July 2003 at Ongata Rongai Township in Kajiado District within the Rift Valley Province, j…