JAIRUS MUKOLWE OCHIENG V. REPUBLIC

JUDGMENT OF THE COURT

That appellant was charged, tried, convicted and sentenced to suffer death by the Senior Resident Magistrate at Kibera on account of a charge of robbery with violence contrary to Section 296(2) of the Penal Code. The particulars of the charge were as follows;

“JAIRUS MUKOLWE OCHIENG; On the 4^th day of September 2003 at Kibera Kianda within Nairobi Area Province, jointly with others not before court, while armed with dangerous weapons namely pangas robbed Charles Ayoti Ouma [of] a mobile phone Siemens A36 and cash Kshs. 1,100 all valued at Ksh. 7,100 and at or immediately before or immediately after such robbery used actual violence to the said Charles Ayoti Ouma.”

Following that conviction and sentence, the appellant preferred an appeal to the High Court at Nairobi. That first appeal was heard by Lesiit, J. and Makhandia J, (as he then was) who, by the judgment dated and rendered on 26^th September 2006, dismissed it.

The appellant now appeals to this Court. He prepar…