JUDGMENT OF THE COURT
1. The appellant was charged and convicted of robbery with violence contrary to section 296(2) of the Penal Code by the Principal Magistrate, Winam. The particulars of the offence were that on 18th October 2010 at 8.00 p.m. at Mamboleo area within Kisumu County, the appellant together with others not before court robbed Samuel Otieno Odaa, (PW1), of his bicycle make Raja frame No.RA26828 valued at Kshs.2950, a mobile phone Motorola L7 and cash Kshs.200, all valued at Kshs.6150, and at or immediately before or immediately after the said time of robbery wounded PW1. The appellant was sentenced to death.
2. His first appeal before the High Court (Chemitei and Muchelule, JJ.) was unsuccessful, hence this second appeal.
3. The brief facts of the case were that on the material night at about 8.00 p.m. PW1 was walking towards Kajulu area with his girlfriend, PW2. It began to rain, and the couple took shelter somewhere along the way. The complainant was pushing his bicycle…