SIMON MWANGI WAMBUI V. REPUBLIC

JUDGMENT OF THE COURT

1. The Magistrate’s Court at Kibera Nairobi convicted the appellant on three counts of robbery with violence contrary to section 296(2) of the Penal Code and for indecent assault on female contrary to section 144 of the Penal Code. He was sentenced to death. His appeal to the High Court was dismissed in a judgment delivered on 18^th May 2011. This is a second appeal.

Background

2. M N (PW1) was a patient attendant at [particulars withheld] clinic in Kangemi, Nairobi. Her work entailed writing patient cards and escorting patients to the doctor. On 27^th March 2006 she was on night duty at the clinic where she reported to work at 6.30 pm. Dr. J A was also on duty. The clinic is well lit. Lights are not switched off at the clinic at night and visibility is good. At about 11 p.m. she heard a knock at the gate. As she went to check, she encountered the watchman Godfrey accompanied by three men. One of the men was holding his stomach “as if in deep pain.” M rushed inside th…