JUDMENT OF THE COURT
1. On 23rd December 2011 the Chief Magistrate’s Court at Busia convicted the appellant, Nyongesa Makokha Sirengo (alias Stephen) for two offences. The first conviction was for the offence of robbery with violence contrary to Section 295 as read with Section 296(2) of the Penal Code. The second was for the offence of theft of a motorcycle contrary to Section 278(A) of the Penal Code. He was sentenced to death for the offence of robbery with violence and to five years imprisonment for the offence of theft. The latter sentence was to remain in abeyance in view of the death sentence on the first count.
2. The essence of the prosecution case as regards the offence of robbery with violence was that the complainant, Silvanus Odour Okwara (PW1), a motorcycle boda boda operator at Nambale was hired by the appellant on 3rd October 2010 to take him to Funyula. Along the way, the appellant asked the complainant to stop the motorcycle, drew a knife and took off with the motorcyc…