JUDGMENT OF THE COURT
The appellant, John Otieno Ojwang’ was charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars in the charge sheet read to the appellant were that:
“On the night of 25th day of August 2008 at Kaburini area of Homa Bay Township in Homa Bay District within Nyanza Province jointly with others no (sic) before court robbed Kevin Owino Anyach of motor bike make TVS MAX 100 RED FR No. 623 FB 3671 K50348 ENG. No. 0133K71094357 worth 95,000 (sic) and at the time of such robbery killed the said KEVIN OWINO ANYACH.”
Although the record before us indicates that he said in response to the charge “it is not true” and that a plea of not guilty was entered for him, the original handwritten record of the trial court shows that he actually pleaded “it is true” to the charge and that after the plea was taken, the court recorded:-
“Accused is warned of the implication of a plea of guilty.”
However, after that warning which came aft…