JUDGMENT OF THE COURT
The appellant Mohammed Wekesa Musumba was charged jointly with two others who were acquitted by the trial court on a charge of robbery with violence contrary to section 296 (2) of the Penal Code by the Resident Magistrate, Bungoma. The particulars of the 1st count against the three were that on the 11th February, 2005 in Bungoma district within the Western Province, jointly with others not before court while armed with dangerous weapons to wit rifles and pangas robbed Drews Simiyu Wabwoba Kenya Shillings 5,000/= and immediately before immediately after the time of such robbery wounded the said Drews Simiyu Wabuoba. The particulars of the second count were that the three persons on 11th day of February, 2005 at the same place jointly and unlawfully had carnal knowledge of P.N.W. Upon conviction the appellant was sentenced to suffer death in the manner authorized by the law on first count of robbery with violence. He appealed to the High Court Bungoma but in its jud…