PETER KIMATU MUTUA V. REPUBLIC

JUDGMENT OF THE COURT

Peter Kimatu Mutua, the appellant herein, comes before this Court by way of second appeal, his first appeal having been dismissed by the superior court (Lesiit and Wendoh, JJ.) on 2^nd November 2004. The appellant had been tried and convicted on a charge of robbery with violence contrary to section 296(2) of the Penal Code. Upon that conviction the Senior Resident Magistrate at Machakos sentenced him to death, the only lawful sentence provided by law for this offence. By dint of section 361 of the Criminal Procedure Code he can only appeal to this Court on matters of law only.

It was alleged in the charge sheet before the Magistrate’s Court that on 3^rd day of July 2003 at Mutituni Market Mutituni Location Machakos District within Eastern Province with two (2) others who were acquitted, jointly robbed Anthony Muli Mutata, the complainant, of one pair of shoes, one pair of long trousers, one coat and cash Kshs.2,500/= all valued at Kshs.6,050/= and at or immediately b…