STEPHEN KHAEGA ATAKHA V. REPUBLIC

JUDGMENT OF THE COURT

1. The appellant herein was convicted on two counts of robbery with violence contrary to section 296 (2) of the Penal Code and sentenced to death as by law provided. The particulars of the first count were that on the night of 6th February, 2007 at Sisecheli Market, Eregi Location in Kakamega District, jointly with others not before court, while armed with dangerous weapons namely, pangas and rungus, robbed Janifer Imbosa of K.Shs.80,000/= and other assorted items and at or immediately before such robbery used actual violence to the said lady.

2. The particulars of the second count were that on the same day and place as in the first count and in similar circumstances, the appellant robbed Collins Litunda of cash K.Shs.6,000/= and also injured him.

3. The appellant's first appeal to the High Court was unsuccessful,hence this second appeal. On a second appeal the court's jurisdiction is limited to a consideration of issues law only.

4. Although the appellant's memorand…