SIMON KIMANI MWANGI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Simon Kimani Mwangi was convicted by Nyahururu Senior Resident Magistrate, T. M. Matheka, on one count of robbery with violence contrary to Section 296(2) of the Penal Code and was sentenced to death. The prosecution called six witnesses to prove as alleged in the charge sheet that on the 24^th February 2007 at Karagita Trading Centre in Naivasha, he jointly with others not before the court while armed with dangerous weapons namely a hammer, robbed Paul Kimani Njuguna of motor vehicle Reg No. KAV 560T, a Toyota Dyna, a driving licence, national identity card and voter’s card all valued at Sh. 1 million and used violence on Paul Kimani Njuguna (Paul).There was an alternative count of handling stolen property contrary to Section 322(2) of the Penal Code but no finding was made thereon after conviction of the appellant on the main charge. His first appeal to the High Court was dismissed, hence this second and final appeal.

The concurrent findings of fact…