PETER MUSAU MWANZIA V. REPUBLIC

JUDGMENT OF THE COURT

This is a second appeal. The appellant, Peter Musau Mwanzia, was charged before the Senior Principal Magistrate at Machakos in that Court’s Criminal Case No. 9 of 2001, with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the charge were as follows:

“On the 19^th day of December 2000, at Mwea Village, Kavain Location in Makueni District of Eastern Province, while armed with offensive weapon namely rungu robbed Thomas Katambo cash Kshs. 10,200/= and or immediately before or immediately after the time of the said robbery used violence to the said Thomas Katambo.”

The appellant pleaded not guilty to that charge but after a full hearing, the learned Senior Resident Magistrate (P.C. Tororey) found him guilty of the offence, convicted him and sentenced him to death in accordance with the law. In convicting the appellant, the learned Magistrate stated, inter alia:

“Consideringly, I do find that there is no dispute that th…