JUDGMENT OF THE COURT
In the Chief Magistrate’s Court at Kisumu the appellant Joseph Otieno Juma was charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The trial court convicted him and sentenced him to suffer death. It was alleged that on the night of 14th and 15th July 2005 at Nyawita Sub-location in Kisumu District within Nyanza Province the appellant together with another not before court while armed with pangas robbed Hellen Anyango Ogola (PW1) of one leather handbag containing one mobile phone make Siemens A 35, cash Kshs. 470; mobile charger and one diary all valued at Kshs. 4,270 and at or immediately before or after the time of such robbery used actual violence to the said Hellen Anyango Ogolla. In the trial the evidence of PW1 was that on 14th July 2005 she came back from the local Medical Training Centre arriving home at 10.00 a.m., and when she knocked the kitchen door she saw two people approaching her carrying pangas and immedi…