JUDGMENT OF THE COURT
[1] The appellant, Francis Odhiambo Owino and two others were charged before the Chief Magistrate’s Court- Kisumu with five counts of robbery with violence contrary to section 296(2) of the Penal Code. The appellant was separately charged with one count of gang rape in view of a family member contrary to section 7 of the Sexual Offences Act. In the sixth count, the appellant and the co-accused were alleged to have jointly robbed Richard Kyalo of one mobile phone, make Ideos and a laptop, all valued at Kshs. 96,300/- on 30th May, 2011. The appellant was the second accused at the trial.
[2] After the trial the appellant was convicted of three counts of robbery with violence including the sixth count and of the count of gang rape. The co-accused were acquitted in respect of the sixth count but were convicted in respect of three counts of robbery with violence. Upon conviction, the appellant and co-accused were sentenced to various terms of imprisonment, and the senten…