PLANTINO WAAL AYII V. REPUBLIC

JUDGMENT OF THE COURT

PLANTIO WAAL AYII, the appellant, was convicted of robbery with violence contrary to Section 296(2) of the Penal Code and sentenced to death by the Senior Resident Magistrate at Lodwar on 11^th May, 2005. his first appeal to the High Court of Kenya at Kitale was dismissed on 5^th May, 2006 by Karanja and Dulu, JJ. And hence this is his second and final appeal.

The prosecutor’s case before the trial court was as follows. During the night of 8^th October 2004 at about 3.00a.m. Ndahijimana Wallars (pw1) and his wife Sara (pw2) were asleep in their house at Zone v. in Kakuma Refugee camp. PW2 heard some things falling inside the advancement room. She woke up and looked through a hole in the window. She saw three people inside the said room and two others outside the house. She woke up her husband PW1 and told him what she had seen. PW1 also checked outside and he saw five people. He testified that there was intense moonlight which made him identify the appellant herein wh…