WILSON OKETCH DACHI V. REPUBLIC

JUDGMENT OF THE COURT

This is a second appeal. By dint of the provisions of section 361(a) of the Criminal Procedure Code, our jurisdiction is confined to matters of law only, unless it be demonstrated to us that the first appellate court considered matters it ought not to have considered or that it failed to consider matters it ought to have considered or that looking at the entire decision on such matters that court was plainly, wrong in which case our considering such matters amounts to considering matters of law as in such cases, it would beaccepted that the first appellate court failed to revisit the evidence that was before it afresh, analyse it and evaluate it as is required of it in law – see the case of OKENO v. R (1972) EA 32.

The appellant WILLIAM OKETCH DACHI, was arraigned before the Chief Magistrate’s Court at Kisumu on two counts. The first count was that of robbery with violence contrary to Section 296(2) of the Penal Code. The particulars of that charge were that:-

“On t…