JUDGMENT OF THE COURT
The appellant was convicted by senior resident magistrate Kisumu for the offence of robbery with violence contrary to section 296 (2) of the Penal Code and sentenced to death as prescribed by the law. His first appeal to the superior court against conviction and sentence was dismissed hence the present appeal.
Peter Odhiambo Ogutu (PW1) the complainant testified at the trial, among other things, that, he was going home from a funeral on the night of 11th June 2005 at about 2 a.m; that on the way two people who were armed with a club and a machete stopped him and ordered him to remove everything he had; that the two people thereupon robbed him of his jacket, identity card, ATM Card, wallet containing shs.500/=, a belt and a pair of shoes; that he identified the two robbers through moonlight; that the appellant who was wearing a jacket and a cap was one of the two robbers; that he identified the appellant at the funeral on the following day whereupon he was arrested …