FESTUS MBWELI MUTISYA & VINCENT OPOLOI ONGALA V. SULEIMAN IBRAHIM

JUDGMENT OF THE COURT

1. Vincent Opoloi Ongala (the appellant), together with Festus Mbweli Mutisya (deceased), were convicted for the offence of robbery with violence contrary to section 296 (2) of the Penal Code and sentenced to death. Their first appeal to the High Court was unsuccessful, hence this second appeal. While the appeal was pending before this Court, Festus Mbweli Mutisya, who was the first appellant, died and consequently his appeal abated in terms of rule 69 (1) (a) of the Court of Appeal Rules.

2. The facts that gave rise to this appeal were that on 30^th April, 2006 at 10.00p.m., at Runda Estate, Nairobi, the appellant jointly with others, while armed with a dangerous weapon namely, a pistol, robbed George Stephen Owuor, the complainant, of assorted household items including a television set, video recorder, music system, mobile phones and clothes, and at the time of the robbery or immediately before or after the robbery used actual violence on the complainant.

3. The co…