JUDGMENT OF THE COURT
On 24th November, 2011, the appellant was convicted on four counts of robbery with violence. The trial magistrate sentenced the appellant to death in respect of the first count but sentences on the other counts were held in abeyance.
The robbery for which the appellant was so sentenced to death was committed at Bondo on the night of 11th May, 2010. It was alleged that the appellant together with his accomplices, robbed William Oyim Kachi, Sarah Oyim, Jacinta Anyango Arwa and Grace Atieno Oyim of several items, including a mobile phone, Nokia 1208 by make, and at or immediately before or immediately after the time of such robbery used actual force to the said victims. At the time of the robbery the appellant and his co-accused were also armed with dangerous weapons, namely, an AK 47 rifle, pangas, rungus and iron bars.
The appellant’s first appeal to the High Court was unsuccessful, hence, this second appeal. In the supplementary memorandum of appeal filed by the app…