JUDGMENT
Douglas Nyamwaya Omudi, 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 were that on 28th November,2012 at Airport area in Wareng’ District within the former Rift Valley Province, jointly with another not before court, the appellant robbed Evans Geseya Onyogi of his motor cycle registration No. KMCV 926K valued at Kshs. 80,000 and immediately before the time of such robbery wounded the said Evans Gesaya Onyogi.
Briefly, the facts of the case were that on 28th November, 2013 at around 2.00 p.m., the complainant, Evans Geseya Onyogi, a boda-boda (motor cycle) rider was hired by the appellant to drop him at the airport at an agreed price of Kshs 700. The appellant was allegedly going to the airport to repair a customer’s vehicle. On the way to the airport, they met a second person who was known to the appellant and who also claimed to be heading to the airport to repair the motor vehi…