JUDGMENT OF THE COURT
Background
1. The appellant, AUGUSTI ERASMI, a Tanzanian national was charged with robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the charge were that on the 23rd day of September, 2006 at Illasit Trading Centre in the then Kajiado District within the Rift Valley Province, the appellant together with others not before the court robbed GEORGE KIMANI KARANJA of a motor cycle make ‘Lifan’ valued at KShs.70,000/- and at or immediately after the time of such robbery struck the said George Kimani Karanja occasioning him actual bodily harm.
2. The prosecution called five [5] witnesses in support of its case. The complainant is a motorcycle transport [boda boda] operator, at Illasit market in Loitoktok district. He testified that on 23rd day of September, 2006, at around 9pm the appellant approached him with a request to ferry him to an agreed destination at an agreed price. After negotiations the complainant agreed to do the job for …