JUDGMENT OF THE COURT
Between the 7th February, 2003 and the 7th July, 2003, George Nyakundi Bikeri, the appellant herein, together with two other persons, was tried on a charge of robbery with violence contrary section 296 (2) of the Penal Code. The particulars of the charge against him were that on 22nd October, 2002 at about 9.30 pm at Nyambuya Village in Nyamira District, the appellant, jointly with his two co-accused, and while armed with dangerous weapons, robbed Rhoda Nyanjama Ongwenyi of Kshs.20,000/= cash and that during the robbery, they killed Richard Ongwenyi Omosa. Richard Ongwenyi Omosa was the husband of the complainant Rhoda Nyanjama Ongwenyi. Rhoda testified that on the 22nd October, 2002, her husband was feeling unwell and so the two of them were in bed by about 9.30 pm, when they heard their dogs barking outside. Richard left the bed to go out and check what was happening; Rhoda was following closely behind. When Richard opened the door, he was promptly shot down. H…