JUDGMENT OF THE COURT
The appellant before us is Godfrey Omondi Odero. We shall hereinafter refer to him as “the appellant.” He was tried and convicted by the then Chief Magistrate of Kisumu, Mrs. Hedwig Ong’undi, on a charge of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of that charge were that on the 3rd day of October, 2004 at about 9.20 p.m. in East Kadiang’a location, Apok Village within Nyando District of the Nyanza Province, the Appellant, jointly with others not before the court and while armed with a dangerous weapon, to wit a home-made gun, robbed Modecai Owuor of his motor vehicle Reg. No. KAR 223 H. Nissan double-cabin valued at K.Shs.3 million and that at or immediately before or after the robbery used actual violence to wound the said Mordecai Owuor which resulted in his death. Upon conviction the Magistrate sentenced the appellant to death. The conviction and sentence was on the 7th June, 2007.
The appellant then appealed to the H…