JUDGMENT OF THE COURT
The appellant was convicted by the Senior Resident Magistrate Kisumu, for two offences, namely, robbery with violence, contrary to section 296(2) of the Penal Code for which he was sentenced to death and for possession of narcotic drugs (one roll of bhang) contrary to section 3(1) as read with section 3(2) of the Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 1994 for which he was sentenced to 6 months imprisonment. His appeal to the High Court against conviction and sentence for robbery was subsequently dismissed.
The complainant, John Kalapata (PW1) was a hawker in Kisumu Town. On 5th February, 2003 the complainant was going around Kajulu, Mamboleo area selling various goods. At about 1.00 p.m. when he was leaving for Kisumu Town following the Railway line he was attacked by two people. One of the two people hit him on the face and head and the complainant fell down. As he was rising up one of the two people wanted to stab him with a knife but t…