WILFRED AMENYA MOMANYI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant was tried and convicted on a charge of attempted robbery with violence contrary to section 297 (2) of the Penal Code. The particulars of that charge were that on 23^rd January, 2004 at Jogoo Trading Centre (Mau Summit) in Nakuru District of Rift Valley Province, the appellant jointly with others not before the court, while armed with a dangerous or offensive weapon, namely, a panga, attempted to rob Margaret Wairimu Mwangi of her money and at, or immediately before or immediately after the time of such attempted robbery, he wounded Margaret Wairimu Mwangi. Upon his conviction, the appellant was sentenced to death. He appealed to the High Court against both the conviction and sentence but by its “Judgment of the Court” dated and delivered on 13^th February, 2006, the High Court (Musinga and Kimaru, JJ) dismissed the appeal against the conviction and confirmed the sentence of death. The appellant now appeals to this Court by way of a second appeal and th…