JUDGMENT OF THE COURT
1) Dancan Otieno Opondo, the appellant herein, was charged, together with three others with four counts of the offence of robbery with violence contrary to Section 296(2) of the Penal Code with one alternative count of handling stolen goods contrary to Section 322(2) of the Penal Code. He was also charged with a fifth count of being in possession of public stores contrary to Section 324(3) of the Penal Code.
2) Following a trial in the Magistrate’s Court at Kisumu the appellant was convicted of two counts of the offences of robbery with violence contrary to Section 296(2) of the Penal Code, handling stolen property contrary to Section 322(2) of the Penal Code, and being in possession of public stores contrary to section 324(3) of the Penal Code.
3) He was sentenced to suffer death on the two counts of robbery with violence while the sentences on the other charges were held in abeyance. His co-accused were acquitted under Section 215 of the Criminal Procedure Code fo…