JUDGMENT OF THE COURT
The appellant Amos Ogwang Dola, and his co accused Erick Michael Adongo, were jointly charged before the Senior Resident Magistrate at Maseno with the offence of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of the offence are that on the 11th May 2006 at Kanyawegi Sub-location, Usawi District within the former Nyanza Province being jointly armed with dangerous weapons namely pangas, robbed Bernard Odhiambo Oyata of his television, video deck, video tapes, mobile phone make Nokia, assorted clothes and shop items valued at Kshs. 90,000/- and at such time threatened the use of actual violence against the complainant, Bernard Odhiambo Oyata (PW 1).
Both the appellant, and his co accused pleaded not guilty.
Upon consideration of the entire evidence, the learned trial magistrate having found that the charges against the appellant and his co accused were proved to the required standard, convicted and sentenced them to death as by law…