MIGOT V. REPUBLIC

JUDGEMENT

The appellant was charged with the offence of robbery with violence contrary to section 296(1) of the Penal Code and in the alternative with the offence of handling stolen goods viz: the stolen Peugeot 504 pick up described therein. The trial commenced before Miss Ondeyo, Senior Resident Magistrate, Kisumu. After the evidence of three prosecution witnesses had been heard and recorded the hearing was taken over by Mr Ongudi, the Principal Magistrate, who then heard the remaining witnesses and concluded the trial. The appellant was acquitted on the charge of robbery with violence but was found guilty and convicted on the alternative charge of handling stolen goods and was sentenced to 6 years’ imprisonment. An appeal to the Superior Court followed, and the judge who found that as the Principal Magistrate had not satisfied the requirements of section 200 of the Criminal Procedure Code a vacuum had therefore been left in the case. He, therefore, allowed the appeal on that ground,…