JAMES ODUOR OPEMA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant was charged with robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars were that on the night of 30^th and 31^st August 2005 at Masiebi village, Sigulu sub-location, Nangosia location in Busia district within Western Province jointly with others not before the court, while armed with offensive weapons namely pangas and rungus he robbed EMMANUEL OBONYO of various items and cash all valued at Kshs. 22,015, and immediately before or immediately after the time of such robbery used actual violence to the said EMMANUEL OBONYO.

The appellant was arrested and arraigned before the Principal Magistrate’s Court at Busia and charged via Criminal Case No. 1842 of 2005. The trial magistrate (W.N Nyarima, PM) evaluated the evidence tendered before the court and convicted the appellant under Section 215 of the Criminal Procedure Code and sentenced him to death.

Aggrieved by the conviction and sentence, the appellant appealed to the High Co…