JUDGMENT OF THE COURT
The appellant, Francis Omwenga Opiyo who was sentenced to suffer death for the offence of robbery with violence contrary to Section 296(2) of the Penal Code had previously been charged jointly with another before the Magistrate’s Court at Busia for the offence of robbery with violence contrary to Section 296(2) of the Penal Code in which it was stated that on 28th February, 2005 at Tanaka area township location in Busia District within the then Western Province, while jointly armed with offensive weapons namely pangas, they robbed Joseph Odhiambo Odero of a bicycle make, Hero Jet valued at Kshs 3,500.00 and at or immediately before or immediately after the time of such robbery, they used actual violence to the said Joseph Odhiambo Odero. They denied the charges and in a trial conducted by W.N. Nyarima, Principal Magistrate at Busia Law Courts, they were both found guilty of the offence and sentenced to suffer death on 3rd March, 2006. Dissatisfied with the finding…