RULING
1.The appellant was charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence are that on the 23rd of June, 2010 at Nyangoge sub-location in Nyamira District within Nyanza Province, jointly with others not before court, while armed with offensive weapons, namely, pangas and clubs, he robbed Daniel Atinda Nyanchama of one mobile phone make Nokia 1110, cash Ksh. 11,500 and 1kg of meat, all valued at Ksh. 14,260 and or immediately before the time of such robbery, did use actual violence on him.
2.The appellant denied the charges leading to a trial in which the prosecution called 5 witnesses in support of its case. The magistrate (J. Wanjala, SPM) heard the testimonies, led by the complainant (PW1) who testified that on 23rd June, 2010 as a pillion passenger he was attacked by an armed gang of people who robbed him of a mobile phone, one kilogram of meat, tomatoes worth Ksh. 20 and cash amounting to Ksh. 11,500. The…