SIMON KIPRONO LANGAT V. REPUBLIC

JUDGMENT OF THE COURT

By what they designated “Judgment of the Court”, Muga Apondi and Kimaru, JJ dismissed the appeal of Simon Kiprono Lang'at, “the appellant”, hereinafter, from his conviction and sentence by a Senior Resident Magistrate at Molo who had tried the appellant and another man who is now dead on a charge of robbery with violence contrary to section 296 (2) of the Penal Code. Upon their being convicted by the Magistrate on that charge the appellant and his deceased co-accused were duly sentenced to death. The High Court dismissed the appellant’s appeal and confirmed the sentence of death. The date when the High Court judgment was delivered is not shown in the copy of the judgment we have in the record.

In all the circumstances, we think the conviction of the appellant was unsafe and cannot be allowed to stand. The trial of the appellant opened before Mr. Ng'eno, a Senior Resident Magistrate, on 7^th January, 2002. Two witnesses, Emily Chepkurui Sigei (PW1) and Eunice Chepkor…