LAWRENCE OMONDI OTIENO
V.
REPUBLIC

JUDGMENT OF THE COURT

On 7^th July, 2003 LAWRENCE OMONDI OTIENO, the appellant herein, was arraigned before the Senior Resident Magistrate’s Court at Migori in Criminal Case No. 713 of 2003 on a charge of robbery with violence contrary to section 296 (2) of the Penal Code and he pleaded “Not Guilty” to the charge. The particulars of the offence stated as follows:

“LAWRENCE OMONDI OTIENO

On the 30^th day of June 2003 at Uriri trading centre in Migori District within Nyanza Province jointly with others not before Court, robbed MILLICENT AUMA OGOLLA of Ksh.17,000/= and at or immediately before or immediately after the time of such robbery wounded the said MILLICENT AUMA OGOLLA”.

Although the appellant’s plea was taken on 7^th July, 2003 his trial did not commence until 8^th March, 2004 before the learned Senior Resident Magistrate Mr. S. O. Atonga, and the complainant Millicent Auma Ogolla (PW1) testified. After Millicent’s testimony, the trial was adjourned to 22^nd March, 2004 when the prosecut…