PETER WACHIRA WARUI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant appeals against the dismissal by the High Court at Embu (Sergon, Ong’udi JJ) of his first appeal against the conviction and sentence of death imposed upon him by the Principal Magistrate’s Court for the offence of robbery with violence contrary to Section 296(2) of the Penal Code. There were four counts of that offence and he was convicted on two but the death sentence related to one only of them. He had also faced an alternative count of handling stolen property contrary to Section 313 of the Penal Code.

The particulars of the charge were that on the 19^th day of July 2007 at Waita Village in Kirinyaga District the appellant, jointly with others not before court, and while armed with dangerous offensive weapons namely pangas, rungus and iron bars, robbed various people of an assortment of items. Those items, with regard to the counts on which the appellant was convicted, were;

From JAMES MAINA KAHIGA (PW2), a water pump, mobile phone

Nokia 1600 and one …