JUDGMENT OF THE COURT
The appellant, Martin Odhiambo Ochieng was the first accused in the Principal Magistrate’s Court in Siaya Criminal Case No. 85 of 2002. He, together with two others faced two counts of robbery with violence contrary to section 296(2) of the Penal Code and two counts of assault causing actual bodily harm contrary to section 251 of the Penal Code. The particulars of the charges were, on first count, that between the nights of 11th and 12th January, 2002, at Jina sublocation within Siaya District of Nyanza Province, they jointly with others not before court while armed with offensive weapons namely simis, pangas and rungus robbed Florence Omukholo of assorted clothes and cash money Kshs.1,500/= all valued at Kshs.5,000/=, and at or immediately before or immediately, after the time of such robbery wounded the said Florence Omukholo. On the second count, the date of robbery was the same as the date of the first count except that the victim was Adiba Myoga from whom the…