JUDGMENT OF THE COURT
At the commencement of the hearing of this appeal, the court noted, that by a letter dated 23rd December, 2008, the officer-in-charge, Kisumu Main Prison, informed the Deputy Registrar of this Court that the first appellant had passed away on 17th July, 2008. Ms. Oundo, learned Principal State Counsel, for the respondent, confirmed that she too had been notified of the demise of the first appellant. Accordingly, the first appellant’s appeal has abated under Rule 68(2) of the Rules of this Court, and it is so ordered.
This is the second appellant’s (hereinafter “the appellant”) appeal, against both conviction and sentence. It is a second, and, of course, the final appeal.
The appellant, Gafar Idi Odongo, was charged with four counts of robbery with violence contrary to section 296(2) of the Penal Code; and one count of personating a police officer contrary to section 105(b) of the Penal Code. In a judgment handed down on 9th March, 2006 by the Chief Magistrate’s Cour…