PAUL OUMA OTIENO €˜ALIAS' COLLERA & PAUL OTIENO OMBOGO €˜ALIAS' NDEJWE V. REPUBLIC

JUDGMENT OF THE COURT

[1] This is an appeal against the judgment of the High Court dismissing the appeal of each appellant against conviction and sentence for robbery with violence contrary to Section 296(2) of the Penal Code.

[2] The two appellants were charged that jointly with others not before the court while armed with pistols and swords they robbed Gilbert Oluoch Nyandiega of his motor vehicle registration No. KAD 858L, Nissan Sunny, cash Shs. 2,500/=, mobile phone and Sonny Radio speaker. The 1^st appellant herein Paul Ouma Otieno alias Collera was the 2^nd accused at the trial and the 1^st appellant in the High Court. The 2^nd appellant herein, Paul Otieno Ombogo alias Ndejwe was the 1^st accused at the trial and the 2^nd appellant in the High Court. For avoidance of confusion of names, we refer to the 1^st appellant as Ouma and the 2^nd appellant as Ombogo.

[3] The prosecution case against the appellants was briefly as follows. On 5^th April, 2004 at about 10 pm, Gilbert Oluoch Nyandiega…