JUDGMENT OF THE COURT
This is a second appeal. The appellant, Richard Omollo Ajuoga, together with one Omolo Ojwang’ Gumbo, faced three counts of robbery with violence under section 296(2) of the Penal Code before the Senior Resident Magistrate at Kisii (J. Wanjala). They both pleaded not guilty but after full trial, the learned Magistrate found them guilty on all the counts of robbery with violence, convicted each of them and sentenced each of them to death as by law provided. They each appealed to the superior court. The appeal by the appellant was Criminal Appeal No. 171 of 1999 while that by Omolo Ojwang’ Gumbo was Criminal Appeal No. 340 of 1999. The record shows that on 11th June, 2002, the appeal by Gumbo abated as he was reported to have died. The appellant’s appeal however proceeded to hearing and was fully heard.
In a judgment delivered on 14th August, 2003, that appeal was dismissed both on convictions and sentence, hence this appeal. We deem it necessary as will be demonstra…