IN THE COURT OF APPEAL
AT KISUMU
( Coram: Law, Miller and Potter JJA )
CRIMINAL APPEAL NO. 19 OF 1981
BETWEEN
ACHIENG........................................................................APPELLANT
AND
REPUBLIC..................................................................RESPONDENT
JUDGMENT
The appellant was convicted of robbery, contrary to Section 296(1) of the Penal Code, by a Resident Magistrate at Kisumu, and sentenced to 31/2 years imprisonment and four strokes of corporal punishment. He appealed to the High Court at Kisumu, where his appeal was summarily rejected. Mr Owino, for the appellant, made it his first ground of appeal, on a second appeal to this Court, that the first appeal should not have been summarily rejected, as it raised several points of law, such a misdirection as to the onus of proof by the learned magistrate, and a complaint that the evidence of witnesses described as accomplices had been relied on without corroboration. As we have pointed out in earlier appeals …