JUDGMENT OF THE COURT
The appellant, Joshua Ochieng' Ragwel, was convicted of robbery contrary to section 296(1) of the Penal Code and sentenced to 4 years imprisonment with three strokes of the cane, by the learned Principal Magistrate at Kisumu. The appellant was also ordered to be under police supervision for 5 years upon completion of the prison sentence. His appeal to the High Court was dismissed. The summary of the evidence against the appellant was that on 5th March, 1997 between 6.00 p.m and 6.30 p.m the complainant, Edward Oraro Kowido, (PW 1) was sitting in his car, registration number KAH 871J, waiting to pick his children at Milimani Primary School. Then a slim and dark man armed with a gun came to the complainant's driver's window and peeped into the car. The intruder put his hands on the ignition key of the complainant's car. There was a struggle and a short young man pointed a gun at the complainant who was ordered out of the car. The intruders entered the car and drove …