JUDGMENT
The two appellants Jackson Oluoch and James Ongere Abwor were on May 27, 1983 each convicted by the senior resident magistrate of Kisii on three counts of robbery contrary to section 296(1) of the Penal Code and one of shop breaking and committing a felony contrary to section 306(a) of the Penal Code (cap 63) and each was sentenced to five years’ imprisonment to run concurrently and the strokes to be cumulative, and each appellant was ordered to be subjected to Police Supervision for 5years after release from prison. Their appeals to the High Court, Kisumu(Schofield J) were dismissed. Each has appealed to this court.
The grounds of appeal of Jackson Oluoch are:
That he voluntarily gave a sworn statement before the court of law toback his plea against charge. His wife also gave reliable evidence tosupport his alibis.
That the members of the prosecution staff totally failed to produce therelevant exhibits before the court of law for material proof of evidencein favour of his involv…