JUDGEMENT OF THE COURT
The appellant, Wycliffe Akello Ochieng alias “WIKI” was charged before the Chief Magistrate, Kisumu, with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code, particulars being that on the 13th day of February, 2009 at Nyalenda Estate in Kisumu East District of Nyanza Province, jointly with another not before the court while armed with a hammer robbed Sohel Yassin Ahmed safaricom credit cards valued at Kshs. 40,000/= and cash Kshs. 20,000/= all valued at Kshs. 60,000/= and at or immediately before or immediately after the time of such robbery used actual violence to the said complainant. After hearing the prosecution case that was presented through 6 witnesses and the sworn testimony of the appellant, the trial court (A. Onginjo, Principal Magistrate) convicted the appellant of the said offence and sentenced him to death. The first appeal to the High Court of Kenya (J. R. Karanja and Ali-Aroni, JJ) was dismissed. The appellant was n…