JUDGMENT
To consider the merit of the judgment giving rise to the conviction of John Mogesi Wangwi (the appellant) is to give credence to an audacious act of dishonesty on his part.
The appellant was arraigned before the Senior Principal Magistrate Court at Migori on the offence of robbery with violence contrary to Section 296(2) of the Penal Code. The particulars were that on April 28, 2004, at Igesa sub-location within Kuria District of the then Nyanza Province, jointly with others not before court, he robbed Joseph Marwa Irigo cash Kshs. 1,700, two hens and a pair of slippers all valued at Kshs. 2,170 and at or immediately before or immediately after the robbery wounded the said Joseph Marwa Irigo.
The appellant was tried and convicted in a judgment read and delivered on May 3, 2005,and was sentenced to death. Dissatisfied with the conviction and sentence, he appealed against the judgment in Kisii High Court Criminal Appeal No. 89 of 2010. The appeal was heard by the High Court ( Sita…