JUDGEMENT OF THE COURT
The appellant, with 2 other co-accused, was charged before the Senior Resident Magistrate, Mombasa, with the offence of robbery contrary to section 296 (2) of the Penal Code. On 22nd April, 1993, all the three were convicted on the lesser offence of robbery contrary to section 296 (1) of the Penal Code and each was sentenced by the Mombasa Senior Resident Magistrate, Mr. J.R. Karanja, to 10 years’ imprisonment with 15 strokes and police supervision order for 5 years. The High Court dismissed the appeal of each against conviction but reduced the sentence of each of them to 6 years’ imprisonment with 3 strokes. The supervision order was confirmed.
The appellant who was the third accused before the trial court lodged an appeal in the Court of Appeal against conviction and sentence on 11th June, 1996, through his advocate Messrs. Khaminwa and Khaminwa. There are six grounds of appeal of which ones against sentence and the remaining five are against conviction which Mr…