LUTA JACOB SHIKUKU V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Luta Jacob Shikuku, was convicted after a trial by the Senior Resident Magistrate , at Bungoma, of two counts, the first one of robbery with violence contrary to section 296(2) of the penal code, and the second of being unlawfully present in Kenya contrary to section 13 (2) of the immigration Act Cap 172 of the Laws of Kenya, and was thereafter sentenced in the first count to suffer death but no sentence was meted out in the second count. His first appeal to the High Court was dismissed by a bench of two Judges comprising Rimita and Ondeyo, JJ. This is his second appeal.

A joint judgment was pronounced by the first appellate court. The appellant now contends and it was his counsel’s submission before us that since section 359 of the Criminal Procedure Code provides that appeals from subordinate courts to the High Court should as a general rule be heard by two Judges, he was entitled to two judgments so that he would get the full benefit of their resp…