<p class="ql-align-center">IN THE COURT OF APPEAL</p><p class="ql-align-center">AT MOMBASA</p><p class="ql-align-center">(Coram: Madan Ag CJ, Nyarangi JA and Platt Ag JA)</p><p class="ql-align-center">CRIMINAL APPEAL 55 OF 1986</p><p class="ql-align-center">BETWEEN</p><p class="ql-align-center">MAGHENDA...................................................APPELLANT</p><p class="ql-align-center">AND</p><p class="ql-align-center">REPUBLIC...............................................RESPONDENT</p><p class="ql-align-center">(Appeal from the High Court at Mombasa, Bhandari J)</p><p class="ql-align-center">JUDGMENT</p><p>The appellant was convicted on a first count of robbery contrary to section 296(1) of the Penal Code (cap 63) and on a second count of being in possession of a firearm without a certificate contrary to section 4(1) of the Firearms Act (cap 114). He was sentenced to seven years imprisonment plus 20 strokes on the first count, and one year’s imprisonment on the second count, the sentences of imprisonment to run concurrently.</p><p>The appellant’s appeal to the High Court was dismissed summarily under section 352(2) of the Criminal Procedure Code (cap 75). This a second appeal.</p><p>We allowed his two applications for this appeal to be heard out of time, as well as in <em>forma pauperis.</em></p><p>On September 3…</p>