PAUL KUTOSI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Paul Kutosi, (“Kutosi” or “appellant”) comes before us on a second appeal against his conviction on one count of robbery with violence contrary to Section 296 (2) of the Penal Code. It had been alleged that on the 13th day of June, 2003, at Kilimani area in Kisumu District within former Nyanza Province, the appellant, jointly with others not before the court, robbed Dones Wasonga Otieno of his motor vehicle registration number KAN 420Z (“the motor vehicle”) make Toyota Corolla, cheques, pharmaceutical samples and two mobile phones – makes Ericson and Motorola all valued at Kshs.1,143,500/= and at or immediately before or immediately after the time of such robbery, used actual violence against the said Dones Wasonga Otieno (“Wasonga” or “the complainant”). Upon his conviction, the appellant was sentenced to death. His appeal to the High Court was dismissed, hence this appeal.

As this is a second appeal, only matters of law may be raised – see Section …