JUDGMENT
The appellant, Simon Kadivani alias Solomon Kadagaya is currently serving a sentence of death for the offence of robbery with violence pursuant to his trial and conviction before the Chief Magistrate’s Court in Vihiga for the said offence. He had been charged with four counts of robbery with violence contrary to section 296 (2) of the Penal Code.
In count 1, it is alleged that on 28th July, 2013 at Logere village, Jepkoyai location, Vihiga County, jointly with others not before the court, and while armed with dangerous weapons, namely pangas, rungus and torches, robbed Everlyne Vugutsa Onacha of assorted items all valued at Kshs.115, 200/= the property of the said Everlyne Vugutsa Onacha and immediately before such robbery, threatened to use violence to the said Everlyne Vugutsa Onacha.
He faced an alternative charge of handling stolen goods contrary to section 322(1) as read with section 322(2) of the Penal Code. The particulars of this offence were that on the 17th day of Augu…