JUDGMENT OF THE COURT
Following his conviction and sentence for the offence of robbery with violence contrary to section 296 (2) of the Penal Code, before the Chief Magistrate’s Court at Kisumu, Kevin Omondi Nyango alias Kevo, appealed against the conviction and sentence to the High Court; which Court heard his appeal and upon re-evaluation of the evidence came to the conclusion that the appellant’s conviction was based on sound and overwhelming evidence. The appeal before us is the appellant’s second, and by dint of the provisions of section 361 of the Criminal Procedure Code, such an appeal is confined to issues of law only. Section 361 aforesaid, as material provides that:-
“ 361 (1) A party to an appeal from a subordinate court may, subject to sub-section (8), appeal against a decision of the High Court in its appellate jurisdiction on a matter of law, and the Court of Appeal shall not hear an appeal under this section. (a) On a matter of fact, and severity of sentence is a matter o…