J U D G M E N T
OBADIAH OKILA OCHOLA was charged with one count of ROBBERY WITH VIOLENCE contrary to Section 296(2) of the Penal Code. After a full trial, he was found guilty and convicted of the said offence. He was sentenced to death as mandatorily provided for in the law. Being aggrieved by the conviction and sentence he lodged this appeal. The Appellant challenges his conviction on several grounds. One that the learned trial magistrate failed to caution herself before relying on the evidence of a single identifying witness.
Two, that the evidence of identification was made under difficult circumstances. Three that the learned trial magistrate relied on exhibits that were never included as same and finally that no due consideration was given to his defence. MISS OKUMU learned counsel for the State submitted that the evidence adduced before the Court supported a lesser offence of ASSAULT contrary to Section 257 of thePenal Code.
Learned counsel urged us to invoke Section 179 of the Cri…