JUDGMENT OF THE COURT
Kennedy WesongaKwoba, the appellant, was, in count one, charged with the offence of robbery with violence contrary to Section 296(2) of the Penal Code. He was in the alternative charged with handling stolen property contrary to Section 322(2) of the Penal Code. In count two, he was charged with failing to apply for registration contrary to Section 14(1) of the Registration of Persons Act Cap 107 of the Laws of Kenya. He pleaded not guilty to all those offences but after trial before the Senior Resident Magistrate’s court at Busia, he was convicted of the main charge of capital robbery and sentenced to death. His appeal to the High Court having been dismissed, he has come to this court on a second appeal.
The prosecution case in a nutshell was that the complainant, Godfrey TabuKombo, PW1, owned a shop at Koyonzo Market where he sold, inter alia, TVs and video decks. During the night of 16th/17th July 2002 he left two young men, CliydeJumaKhaseaand Victor JumaKhasea,…