JUDGMENT OF THE COURT
This is a second appeal and by dint of Section 361 (1) (a) of the Criminal Procedure Code such an appeal can only be considered if points of law are raised. There are various judicial pronouncements on this point such as John Oluoch Otieno and Anor v. Republic (Kisumu) Criminal Appeal No. 298 of 2012 (ur). It was stated by this Court in John Gitonga alias Kados v. Republic (Nyeri) Criminal Appeal No. 149 of 2006 (ur) that:
“..This being a second appeal, we are reminded of our primary role as the second appellate court namely to steer clear of all issues of facts and only concern ourselves with issues of law...”
The appellant, Elly Odongo Mbwa, was charged before the Principal Magistrate's Court, Nyando, with two counts of robbery with violence contrary to Section 296 (2) of the Penal Code. Particulars of the first count were that on the 12th day of December, 2008 at Onyongo area along Katito – Sondu road in the then Nyando district, jointly with others not before th…