JUDGMENT OF THE COURT
The appellant herein, Henry Muganga Nyalero, was tried alongside eight other suspects in Kisumu Chief Magistrate’s Court Criminal Case No. 734 of 2004, found guilty and convicted on a charge of robbery with violence contrary to Section 296 (2) of the Penal Code. He was sentenced to death as prescribed by the law. The particulars of the offence stated as follows:
“On the night of 10th day of April, 2003 at Kamariga beach in West Uyoma Location of Bondo District within Nyanza Province, jointly with others not before court while armed with offensive weapons namely Somali swords, rungus and torches robbed LYDIA AKECH ARIMBI of cash Kshs.6000/=, two traveling bags, one wall clock, two pairs of women shoes, one cap, one jacket, two pressure lamps and one table cloth (sic) all valued at Kshs.11,400/= and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said LYDIA AKECH ARIMBI”.
The prosecution relied upon the f…