JUDGMENT OF THE COURT
This is an appeal by Nicholas Ouma Obonyo (the appellant) against the decision of the superior court (B.K. Tanui and J.W. Gacheche JJ) in which it upheld the conviction and sentence of the appellant of one count of robbery with violence contrary to section 296 (2) of the Penal Code by the Senior resident Magistrate Siaya. The appellant was sentenced to death being the mandatory sentence for an offence under section 296(2).
The particulars of offence in the Charge Sheet stated: -
“Nicholas Ouma Obonyo: On the 15th day of June 2000 at Siaya Township in the Siaya District of the Nyanza Province, jointly with another not before the court being armed with a dangerous or offensive weapon namely a knife robbed Everlyne Odhiambo Kizito of her cash money Kshs.376,600/= and at or immediately before or immediately after the time of such robbery beat the said Everlyne Odhiambo Kizito.”
Section 296 of the Penal Code Cap 63 provides as follows: -
296 (1) Any person who commits the …