PARATOTI OLE TEMA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Paratoti Ole Tema, was charged and tried before the Chief Magistrate’s Court at Mombasa with three counts, two of attempted robbery with violence contrary to section 297(2) of the Penal Code, and the third count of grievous harm contrary to section 234 of the Penal Code. At the conclusion of the trial he was found guilty of the first two counts and was thereafter sentenced to suffer death as is mandatorily required by the penal provision. No finding was made on the third count as no evidence was adduced on it by the prosecution. The appellant was, accordingly, acquitted of that count.

The prosecution case as presented to the trial court was short and straightforward. On 12^th December, 2002, Caroline Abiero (Caroline) then a secretary with Kisegi Agencies, was at the firm’s offices in Mombasa, when at about 12.15 p.m. Three men entered and requested to see the director of the firm one Suleiman Ouma (Ouma). She was in the office with Gladys Washuka Kin…