YUSUF JUMA OSONYE V. REPUBLIC

JUDGMENT OF THE COURT

This is a second appeal. The appellant, Yusuf Juma Osonye, was charged before the Senior Principal Magistrate’s Court at Kakamega with eight counts each of robbery with violence contrary to section 296(2) of the Penal Code. The first six counts of robbery with violence were alleged to have taken place on 9^th June 1997 and, save for the different victims, the particulars of those charges were the same in every aspect. In the first two of those counts, the victims met their death as a result of the attack, whereas in respect of counts 3, 4, 5 and 6, the victims were wounded. In the last two counts namely counts 7 and 8 the robberies are alleged to have taken place on 8^th June 1997 and the actual violence is alleged to have been used upon the victims in respect of each count. The appellant pleaded not guilty to the charges but after full hearing, the learned Senior Principal Magistrate (C.O. Kanyangi) found the appellant guilty in respect of counts 1, 7 and 8. He was…