JUDGMENT OF THE COURT
The genesis of this appeal is Criminal Case No 160 of 2006 in the Senior Principal Magistrate’s Court at Siaya in which the appellant Richard Oduor Adera, and seven others were jointly charged on four counts of robbery with violence contrary to section 296(2) of the Penal Code. In the trial magistrate’s court the appellant was the 5th accused. In count 1 the particulars of the offence were that on 18th December 2005 at Sega Sub-location Siaya, jointly with others not before court while armed with dangerous weapons namely pangas, rungus and torches they robbed Alfred Onyango Odhiambo of his bicycle (DOSHI) worth shs. 3,500/-. In the course of the robbery they killed the said Alfred Onyango Odhiambo. In count 2 the particulars were that on the same day and place the same gang similarly armed robbed Colins Omondi of his bicycle and used violence on the said Collins Omondi. In count 3 the particulars were that on the same day and place the same gang similarly armed ro…