WYCLIFFE MUSIDA KENYANI V. REPUBLIC

JUDGMENT OF THE COURT

1. On 1^st December 2010 Wycliffe Musalia Kenyani, the appellant, was convicted by the Magistrate’s court at Eldoret for the offence of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death. The particulars of the offence were that on 8^th August 2010 at Shauri Estate in Uasin Gishu District within the then Rift Valley Province, jointly with others not before the court, while armed with dangerous or offensive weapons, namely pangas, the appellant robbed Monica Wanjiku Maina of numerous household items all valued at Kshs. 40,000.00 and immediately before or immediately after the time of the robbery threatened to use actual violence on Monica Wanjiku Maina.

2. His appeal to the High Court on the grounds that the offence was not proved; that the ingredients of the offence had not been established; that the evidence of the complainant was not corroborated; that the sentence imposed was too harsh; that the prosecution evidence was fraug…