LEONARD KIBOI NAIBEI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant herein, Leonard Kiboi Naibei, was charged with another in the Senior Resident Magistrate's Court (Kimilili) with robbery with violence contrary to Section 296(2) of the Penal Code, in that on 20th March, 2009, while armed with pangas, they robbed Rael Benson of a torch and wounded her.

It was in the alternative charge stated that on the same day the appellant was found in possession of stolen property – namely a torch contrary to Section 322(2) of the Penal Code.

At the end of this trial, on the 6th July, 2010 appellant was found guilty of the main charge and sentenced to suffer death. His appeal to the High Court Bungoma, (Onyancha, Muchemi JJ) was dismissed. He has now come before us on second appeal.

The memorandum of appeal filed in person was adopted by Mr. v. Mutai, learned counsel and the grounds therein argued accordingly. They ranged from a claim that the trial of the appellant went on despite his rights being violated; the evidence was contrad…