VICTOR NDANYI SAMUJI V. REPUBLIC

JUDGMENT OF THE COURT

1. The appellant was convicted of the offence of robbery with violence and sentenced to death as by law provided. Being aggrieved by that conviction and sentence, the appellant preferred an appeal to the High Court.

2. The particulars of the charge before the Chief Magistrate’s Court at Kisumu were that on the 7^th day of November, 2003 at about 10.00a.m. at Pemugi Estate in Eldoret Township, the appellant, jointly with others not before court, while armed with a pistol, robbed Titus Kiarie Macharia of a motor vehicle registration number KZY 025 and one Siemen A. 35 mobile phone.

3. The complainant, Titus Kiarie Macharia, testified as to how he was robbed of the said motor vehicle on the material night. He however said that he could not identify any of the robbers. A few days after the robbery the motor vehicle was recovered at Kondele Estate in Kisumu, having been used to commit another robbery.

4. On the night of 8^th November, 2003, Tobias Ouma Achieng, PW 4, was dr…