JUDGMENT OF THE COURT
Erick Omondi alias Gor, was charged jointly with one Michael Oyuga Yaya, who has since died, with the offence of robbery with violence contrary to section 296(2) of the Penal Code, particulars of which read:
“On the night of 2/1/2004 at North Ramba Sub Location, Central Asembo in Bondo District within Nyanza Province, jointly with others not before court, while armed with pangas and clubs robbed Dorsila Achieng of cash Kshs. 300/- and immediately before or immediately after the time of the said robbery, used actual violence to the said Dorsila Achieng.”
He was tried by a magistrate who heard all but one prosecution witness after which the said magistrate ceased to exercise jurisdiction over the case. A succeeding magistrate took over the conduct of the case, and at the time of doing so the record read as follows:
“Pros:
The case is partly heard by S.R.M Osodo. We can proceed from where the other trial Magistrate reached.
COURT:
The matter to proceed from where the other…