PAULINA AMANA V. REPUBLIC

JUDGMENT OF THE COURT

This appeal raises one legal issue of whether there is a valid judgment on record against the appellant. Paulina Amana (appellant) was arraigned before the Senior Principal Magistrate at Eldoret on 4th June, 1999 and charged with two counts of robbery with violence contrary to Section 296(2) of the Penal Code.

The appellant pleaded guilty to both counts and after the particulars of each offence were narrated and she confirmed they were true, she was convicted on her own plea of guilty and sentenced to death on the two counts and both sentences were to run concurrently.

The appellant appealed before the High court. The appeal was heard by Nambuye, J. (as she then was), with Omondi Tunya, J. on 11th June, 2001 at Eldoret. However the proceedings by Omondi Tunya, J. cannot be traced in the court records. Interestingly he is the only Judge, who signed the Judgment that was delivered on the 16th August, 2002. This is the judgment that has provoked this appeal against whi…