JUDGMENT OF THE COURT
The appellant, Ibrahim Omondi Okumu was charged before the Principal Magistrate’s Court, Busia with the offence of attempted robbery with violence contrary to section 297 (2) of the Penal Code. The particulars were that on 26th July, 2003 at Omeri estate in Busia Township location, jointly with others not before Court and being armed with dangerous and offensive weapons namely pangas, iron bars attempted to rob Adan Ismael Yusuf of his property and used violence in the course of the attempted robbery. The appellant denied the charge and soon thereafter his trial ensued. The prosecution in a bid to advance its case against the appellant called a total of six witnesses.
The facts of the case as seen through the lens of the complainant (PW1), Faisal Abdi (PW2), P.C. Abdurahaman Sugo (PW4) and P.C. Alfred Lagicha (PW6), were that on 26th July, 2003 at about 1.00am the complainant and his companion, (PW2) were walking home from Kampala area within Busia town.. On reachi…