JUDGMENT OF THE COURT
The appellant FREDRICK AMBANI NAITIRI was on 10th June 2003 arraigned before the Principal Magistrate at Kisumu on a single charge of robbery with violence contrary to Section 296(2) of the Penal Code and of rape contrary to Section 140 of the Penal Code both alleged to have been committed on 14th May 2003 in Kisumu District. He was alleged to have robbed and raped one E A A (PW1). He was in the company of one other person and armed with pangas and rungus. They used actual violence on PWl in the cause of stealing her mobile phone, personal documents, watch, brown shoes and handbag.
After the case was tried, the appellant was found guilty of the offence charged, and convicted. On the robbery with violence charge he was sentenced to suffer death as by law provided while for the rape charge he was to serve five years imprisonment with hard labour.
Aggrieved, the appellant filed an appeal in the High Court at Kisumu against both conviction and sentence. That appeal was …