IN THE COURT OF APPEAL
AT KISUMU
CORAM: (P. KIHARA KARIUKI, PCA, GATEMBU and MURGOR, JJ.A)
CRIMINAL APPEAL NO. 52 OF 2013
BETWEEN
NYONGESA MAKOKHA SIRENGO ............................................................. APPELLANT
AND
REPUBLIC ........................................................................................... RESPONDENT
(An Appeal from a conviction and a Judgment of the High Court of Kenya at Bungoma ( Hon. Kimaru and Muchelule, JJ.) dated 19th July, 2012
in
HCCR.A NO. 1 OF 2012)
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JUDMENT OF THE COURT
1. On 23rd December 2011 the Chief Magistrate’s Court at Busia convicted the appellant, Nyongesa Makokha Sirengo (alias Stephen) for two offences. The first conviction was for the offence of robbery with violence contrary to Section 295 as read with Section 296(2) of the Penal Code. The second was for the offence of theft of a motorcycle contrary to Section 278(A) of the Penal Code. He was sentenced to death for the offence of robbery with violence and to fi…