JUDGMENT OF THE COURT
Background
[1] Appollo Olenja Apitsa (the appellant) is before us in this second appeal in which he challenges the dismissal of his first appeal by the High Court (Chitembwe and Dulu, JJ.). The appellant was charged before the Chief Magistrate’s Court at Kakamega with the offence of robbery with violence contrary to Section 296(2) of the Penal Code. The particulars of the charge were that the appellant jointly with his co-accused,
Joseph Shimwama alias Brown (Brown) on 25th October, 2012 in Kakamega Central District within Western Province, with others not before court while armed with dangerous weapons namely pangas, rungus and axes, he robbed MOW of his one monitor, one radio cassette make Sony, one Nokia mobile phone 1208, assorted clothes and pairs of shoes all valued at approximately Kshs. 50,000/- and immediately before the time of such robbery used actual violence against the said MOW.
[2] The appellant was also charged with the alternative count of handling s…