JUDGMENT OF THE COURT
In the Chief Magistrate’s Court at Nakuru, the appellant was jointly charged with others not before court with six counts of robbery with violence contrary to Section 296(2) of the Penal Code, and was also charged with two alternative counts of handling stolen goods contrary to Section 322(2) of the Penal Code. The trial court found the appellant guilty in counts 1,3,4 and 6 and sentenced him to death. His other two co-accused were acquitted on the basis that the evidence of identification was unsafe but the trial court found that the appellant had not only been identified but was also recognized by some of the complainants who were the victims of a series of robberies which were perpetrated by the gang on the night of 25th December, 2000 at Kitale township in Transnzoia District within the Rift Valley Province.
The particulars of the charge stated that while armed with dangerous weapons namely AK 47 rifles the appellant and others robbed the six complainants of va…