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JUDGMENT
June 22, 1989, the following Judgment of the Court was delivered.
Cleophas Otieno Wamunga, the appellant in this appeal (hereinafter called the appellant) was one of six defendants who appeared before the Acting Resident Magistrate at Maseno on an indictment containing 9 counts of robbery contrary to section 296(1) of the Penal Code. At the conclusion of the trial one defendant was acquitted but the other five were found guilty and convicted on all counts. They received terms of 10 years imprisonment on each count plus 5 strokes of the cane followed by 5 years of police supervision.
All the 5 defendants convicted at the trial appealed to the High Court and the appeals of two of them were allowed by the learned Commissioner of Assize. The appeals of the other three, among them the appellant, were dismissed except in relation to counts 4,6,8 and 9. The prison term on each count was reduced to 4 years on each of the remaining counts but supersvision order made by the trial magistra…