TITUS MULWA MUIA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant with two others was convicted by the Senior Resident Magistrate's Court at Nairobi of robbery with violence contrary to section 296(2) of the Penal Code and each was sentenced to the mandatory death sentence. They all appealed to the superior court against their convictions. The appeals of two of them were allowed and their convictions were quashed and sentence set aside as there was no sufficient evidence to support the convictions. But the appeal of the appellant against conviction and sentence was dismissed. He now appeals to this Court against his conviction. Being a second appeal it lies only on a matter of law, not including severity of sentence.

The material facts in this case are shortly as follows. On August 14, 1989, the house of Norman Whelan in Hardy Estate, Nairobi, was raided between 9.30 a.m and 3.00 p.m. and several items of property stolen. In the course of the robbery his servant Charles Mukanzi Bukha was strangled to death. When the…