JUDGMENT OF THE COURT
1. John Amarere Swati, the appellant, was on 26th January, 2005 convicted by the Chief Magistrate’s Court at Kakamega for three offences and sentenced. The first offence was robbery with violence contrary to section 296(2) of the Penal Code for which he was sentenced to death. The second and third offences were assault causing actual bodily harm contrary to section 251 of the Penal Code. For that he was sentenced to prison terms of one year each.
2. The appellant appealed against the convictions and sentences to the High Court. In that appeal he asserted that the evidence presented before the trial magistrate was unreliable as practically all the prosecution witnesses are related; that the evidence was insufficient to sustain the (convictions; that the appellant was not positively identified as the perpetrator of the offences; and that the charges were not proved to the required standard.
3. After hearing the parties, the High Court was not persuaded that there was …