JUDGMENT OF THE COURT
Killion Omollo Omollo, the appellant, was after a trial spanning a period of one year, convicted of simple robbery contrary to Section 296 (1) of the Penal Code and sentenced to twelve (12) years imprisonment. His first appeal to the High Court at Kisii (Makhandia J, as he then was, and Sitati J,) was dismissed, but the conviction for simple robbery substituted for conviction for robbery with violence contrary to Section 296 (2) of the Penal Code and sentence of death substituted for the 12 years prison term and hence this second appeal.
The particulars of the charge preferred against the appellant upon which he was convicted were that the appellant on the 3rd day of January, 2007 at Ogongo area of Suba District within former Nyanza Province jointly, with others not before the court, robbed George Ondieki Nyamanga of a mobile phone – make Nokia 2310 valued at Kshs.5,700/=, a wrist watch – make Romano valued at Kshs.500/= all to the total value of Kshs.6,200/= and a…