PETER KIARIE NJOROGE V. REPUBLIC

JUDGMENT OF THE COURT

The appellant brings this second appeal to challenge the dismissal by the High Court of his first appeal thereby confirming the conviction and death sentence imposed by the learned trial magistrate for three counts of the offence of robbery with violence contrary to section 296 (2) of the Penal Code.

Since we are only concerned in this appeal with issues of law, we shall only briefly outline the facts leading to the appellant's trial so as to be able to relate them to the grounds proffered in the appeal on matters of law.

It was the prosecution’s case that on the night of 9^th October 2008 at Mutati Village in Gatundu, a four-member gang armed with knives and panga went on the rampage attacking and robbing residents. Three of their victims who they robbed separately were, Peter Kabue Muthama who was robbed of Kshs.2,500/= in cash, ID card, a driving licence, a pair of brown shoes and one jacket all valued at Kshs.4,500/=;Robbins Kabue Mbugua was robbed of cash Kshs.4…