JUDGMENT OF THE COURT
The appellant together with one Asili James were convicted by the Senior Principal Magistrate’s Court at Busia of robbery with violence contrary to section 295 as read with section 296 (2) of the Penal Code. The offence was committed on 15th November, 2009 at Busibo village, Sigalame sub- location in Samia District. The appellant and his accomplice were said to have robbed Calistus Wafula of one DVD, a mobile phone, a pair of black shoes, assorted clothing and cash Kshs.7,000.
After a full trial, the appellants were sentenced to death as by law prescribed. Their first appeal to the High Court was unsuccessful, hence this second appeal. The appellant’s conviction was based on the doctrine of recent possession of some of the aforesaid items that the complainant had been robbed of. The trial court rejected the evidence of identification of the appellant and the High Court upheld that position.
In the appeal before this Court, Mr. Olel, learned counsel for the appellant…