KENNEDY OCHIENG OLUNGA V. REPUBLIC

JUDGEMENT OF THE COURT

The appellant, Kennedy Ochieng Olunga, was charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code particulars being that on the 13^th day of November, 2006 at about 11:00 p.m. at [particulars withheld] Homa Bay District in Nyanza Province jointly with others not before the court robbed Silas Owuor Oyugi of cash Kshs. 16,000/=, one bag containing assorted clothes, 4 blankets, an identification card, 3 jungle jackets, 3 berets fitted with crown, 1 coat, Form 4 original certificate, 5 garment materials and 3 bar soaps all valued at Kshs. 50,000/= and at or immediately before or immediately after the time of such robbery wounded or beat or struck the said Silas Owuor Oyugi. A trial was conducted by the Senior Resident Magistrate at Homa Bay (Hon. E. K. Mwaita) who convicted the appellant and sentenced him to death. The appellant filed an appeal at the High Court of Kenya, Kisii, but in a Judgement delivered on 10^th December, 20…