JUDGMENT OF THE COURT
The appellant, in this second appeal, Erick Otieno Arum, was charged before the Senior Resident Magistrate’s Court at Homa Bay with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the charge were as follows:
“On the 15th day of October, 2002, at Homa Bay Town Location in Homa Bay District within Nyanza Province, jointly with others not before the court being armed with dangerous weapons namely timber, robbed Joseph Ogonyo Oula one mobile phone make siemens A36, one motor vehicle ignition key and cash 500/= all valued at Kshs.8,000/= at (sic) or immediately before or immediately after the time of such robbery wounded the said Joseph Ogonyo Oula.”
He pleaded not guilty but after full trial, the trial court found him guilty, convicted him and sentenced him to death. In convicting him, the learned magistrate found and stated as follows inter alia:
“PW4 and 5’s evidence was supported by the evidence of PW2 who was on d…