DANIEL OWIGO APIYO V. REPUBLIC

JUDGMENT OF THE COURT

Daniel Owigo Apiyo, the appellant herein, was tried and convicted on a total of four counts of robbery with violence contrary to section 296 (2) of the Penal Code. Upon his being so convicted, the Senior Resident Magistrate at Homa Bay sentenced him to death. The particulars of the charges were that on the night of 5^th October, 2005, at Rodi Kopany in Homa Bay District of the then Nyanza Province, the appellant jointly with others not before the court and while armed with dangerous weapons, namely, a firearm, pangas and rungus, robbed Maurice Okelo Warada (count 1), Samwel Otieno Nyaliech (count 2), Maurice Omondi Mbai (count 3) and Asenath Atieno Nyalala (count 4) of various items named in each charge and during the robberies, they used or threatened to use violence on the victims of the robberies. Following the convictions and sentence, the appellant appealed to the High Court, but by its judgment dated and delivered on the 12^th May, 2009, the High Court (Musing…