JUDGMENT
The appellant Ibrahim Chacha Mwita was after a trial convicted by the Senior Principle Magistrate, Migori, on the count of robbery with violence contrary to section 296(2) of the Penal Code; one count of grievous harm contrary to section 234 also of the Penal Code and on two counts of being in possession of a firearm without a firearm certificate contrary to section 4(2) (a) of the Firearms Act cap 114 Laws of Kenya. For the conviction of robbery with violence the appellant was sentenced to death as mandatorily prescribed by the law while for the conviction of grievous harm he was sentenced to serve 5 years imprisonment with 5 strokes of the cane. For the firearms offences the appellant received one year’s imprisonment on each count all the sentences to run concurrently. This is a second appeal, the first appeal having been dismissed by the High Court of Kenya at Kisii on 8th February 2002.
The particulars of the first count are that the appellant on the night of 23rd / 24th Ja…