JUDGMENT OF THE COURT
The appellant appeals against the judgment of the High Court which on September 27, 1985, affirmed his conviction and one other person of robbery with violence contrary to section 296(1) of the Penal Code.
The facts are fairly straightforward. The appellant and his confederate were both Administrative Police Officers. On January 6, 1985, they were admittedly involved in an accident along the Otieno Oyoo Street in Kisumu. The prosecution claimed that they had robbed one John Bwana Opundo of cash Kshs 6000.
According to the prosecution, the complainant arrived from Bondo with a view to do some shopping in Kisumu. He has a shop there. While he was walking along the street at sometime between 10.00 and 11.00 am, he met someone who got hold of his shirt and a 20 shilling note were torn. A third person who was obviously with the gang, held a pistol which was pointed at him.
As was to be expected, Opundo raised an alarm and shouted for help. Some public-spirited persons cam…