JUDGMENT OF THE COURT
The appellant was accused 1 in the Senior Resident Magistrates Court at Maseno, where he and another were charged with two counts of attempted robbery contrary to Section 297(2) of the Penal Code. They also faced a charge laid under the Firearm Act for possessing ammunition without a firearm certificate.
It was alleged in count 1 that on 15th February, 2003 at Sira village, Ugunja Township Siaya, jointly while armed with an offensive weapon, namely a pistol, the appellant and his co-accused attempted to rob Chrispine Juma Okello of a bicycle worth Ksh. 4500 and they used violence on her during the attempted robbery.
Count 2, also referring to the same place and date read that the pair attempted to rob Fredrick Onyango Otieno of his bicycle valued Ksh. 4000 and they used actual violence on the said Otieno. However, before the trial got underway, this count was withdrawn under Section 87(a) of the Criminal Procedure code.
The third charge stated that again on the same …