JUDGMENT OF THE COURT
This is a second appeal by PETER NGURE MWANGI (“the appellant”) against the dismissal of an appeal by the appellant arising from the conviction and sentence for robbery with violence contrary to Section 296 (2) of the Penal Code by the High Court (Ojwang and Warsame, JJ {as they then were}) sitting as the first appellate court. The High Court appeal originated from an original trial, conviction and sentence in Thika CMCR. NO. 1688 of 2005 where the appellant was charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. He was tried, found guilty, convicted and sentenced to death.
The particulars of the charge were that on 22nd March, 2005 at Githurai Kimbo Village in Thika District of Central Province, while armed with a pistol, the appellant robbed Pastor Geoffrey Mongare, (PW1) of cash, in the sum of KShs.600/=, and immediately before the time of the robbery used actual violence to the said Pastor Geoffrey Mongare.
The appell…