JUDGMENT OF THE COURT
The appellant, Emmanuel Shisibo, was charged before the Chief Magistrate’s court at Maseno with two counts of the offence of robbery with violence contrary to section 296 (2) of the Penal Code.
The particulars of the offence in count one were that on the night of 25th and 26th January 2011, at [particulars withheld] Village, Esumeiya Location in Kakamega Central District within the former Western Province while armed with dangerous weapons namely, pangas, jointly with others not before the court robbed Japheth Wanjala Mutuli of Kshs 29,000/- and immediately before used actual violence on the complainant, J W M, PW 1 (J).
The particulars of count two were that on the same night while armed with dangerous weapons the appellant robbed J S PW 3 (J) of Kshs. 26,000/- his mobile phone make Nokia valued at Kshs. 8,500/- and shop goods valued at Kshs. 20,000/-.
There was a third count of the offence of gang rape contrary to section 10 of the Sexual Offences Act No 3 of 2006,…