JUDGMENT OF THE COURT
The appellant, Tetu ole Sepha was tried and convicted in the Senior Principal Magistrate, Kibera of the offence of robbery with violence contrary to section 296(2) of the Penal Code. Upon his conviction, he was sentenced to death. Aggrieved by the verdict the appellant appealed to the superior court but the appeal was dismissed both as against conviction and sentence and this is what provoked the appeal before us.
In the trial court the prosecution case was that on 23rd day of January 2004 at Ongata Rongai, Kajiado District within Rift Valley Province jointly with others not before the Court, while armed with dangerous weapons, namely pistols and pangas he robbed Nickson Kibungi (deceased) cash Kshs.10,000, and at or immediately before or immediately after the time of such robbery shot the deceased.
Rose Muturi Kibungi, PW1, the widow of the deceased Nickson Kibungi, testified that the deceased was a businessman and that he used to supply building materials to contr…