JUDGEMENT OF THE COURT
This is a second appeal. As has been stated in many of the decisions that have come forth from this Court our duty is to consider only issues of law but not matters of fact which have been tried and re-evaluated by the two courts unless it can be shown that those courts reached findings not based on the evidence or where there has been a misdirection on the treatment of facts. This position in law has statutory underpinning in Section 361 (1) (a) Criminal Procedure Code. Relevant past decisions on this issue are cases like Thiongo v. Republic [2004] lEA 333 and Aggrey Chieng Aguch and Anor v. Republic (Kisumu) Criminal Appeal No. 367 of 2008 (ur)
What, then, are the issues of law raised in this appeal that may call for our consideration?
The appellant, Jared Otieno Odundo, was charged and tried before the Senior Resident Magistrate, Butere, of the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. Particulars of the offence being that o…