JUDGMENT OF THE COURT
This is a second appeal from the decision of the superior court at Kisumu which dismissed an appeal from a conviction and sentence by the Principal Magistrate’s Court at Migori in Criminal Case No. 523 of 2004. The appellant was charged with the offence of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of the charge were that on 16th May 2004 at Ng’usiru Sub location, Kuria District within Nyanza Province jointly with others not before the Court, while armed with swords and pangas robbed George Nyanza Nyapara of his mobile phone make saron, one wrist watch make omax; one coat, national identification card and cash Kshs.500/= all valued at Kshs.11,500/= and at or immediately before or immediately after the time of such robbery wounded the said George Nyanza.
After a full trial the appellant was convicted as charged and the trial court sentenced the appellant to death as provided by law whereupon the appellant filed an appeal to …