JUDGMENT OF THE COURT
Samson Matoke Machoka, the appellant, was charged before the Ag. Senior Principal Magistrate at Kisii with two counts of robbery with violence contrary to section 296 (2) of the Penal Code, ten counts of impersonation contrary to section 382 of the Penal Code, one count of possession of public stores contrary to section 324 (3) of the Penal Code and one count of possession of imitation firearm contrary to section 34 (1) of the Firearm Act.
After pleading not guilty to all the counts, the appellant was tried and convicted on counts 1, 13, 14 by the trial magistrate's court and sentenced to suffer death on count one, one year imprisonment on count thirteen and seven years imprisonment on count fourteen, but was acquitted on all other counts.
The particulars of count 1 were that, on the nights of 15th/16th May 2005 at Gesieka trading centre in Kisii, Central District Nyanza Province, jointly with others not before the court while armed with dangerous weapons namely rif…