RAYMOND HERMES ODHIAMBO V. REPUBLIC

JUDGMENT

Raymond Hermes Odhiambo (appellant) was tried on and convicted of robbery with violence contrary to section 296(2) of the Penal Code Cap 63 laws of Kenya and sentenced to the mandatory death penalty by acting Senior Resident Magistrate in the Chief Magistrate’s Court at Mombasa on 6th August, 1998.

The particulars of the charge alleged that the appellant, on 4th November, 1997, at a place called Magongo along Mombasa/Nairobi Road in Changamwe within the Coast Province, jointly with others not in court, while armed with knives and axes, robbed Naftali Kamau and Linus Kamau of motor vehicle registration No. KAE 842X Nissan matatu and the other items mentioned therein.

Following his conviction and sentence the appellant appealed to the High Court of Kenya at Mombasa, where, his appeal was heard and dismissed by Waki J sitting with Commissioner of Assize Khaminwa on 21st November, 2000. Resulting from this, he has now brought a second appeal to this court which, in terms of section …