JUDGEMENT OF THE COURT
The appellant, Sengenge Mwita Keroba was charged before the Chief Magistrate's Court at Kisii with the offence of attempted robbery with violence contrary to Section 297 (2) of the Penal Code, particulars being that on the 3rd day of November, 2005 at Migori Township in Migori District within Nyanza Province jointly while armed with a dangerous weapon namely home made gun he attempted to rob George Omondi Angila of an unknown amount of money and that at or immediately before or immediately after such attempt used personal violence to the said George Omondi Angila. There were 3 accused persons at the trial; the other 2 accused persons were acquitted at the trial pursuant to the provisions of Section 210 of the Criminal Procedure Code but the appellant was convicted and sentenced to suffer death in the judgement delivered by the learned Principal Magistrate ( S. M. S. Soita) on 20th March, 2007.
The appellant was aggrieved by the trial magistrate's findings and appe…