JUDGMENT OF THE COURT
Hesbon Muganda Adagi, the appellant, who was accused 3 in the trial court, was charged in the Principal Magistrate’s Court at Maseno with two counts of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of the first count were that on the night of 31st July, 2000 at Viyalo village, Chavakali Sub-Location in Vihiga District while armed with pangas, rungus and whips he jointly with others in court robbed M. M (PW 1) of one wrist watch (Oris), 5 litres of kerosene, a pair of jeans trousers, assorted clothes and cash Kshs.800/= all valued at Kshs.4,000/= using actual violence on the said M.M. He was similarly charged with others already in court with violently robbing L.S M (PW 2 ) of a black pair of shoes, five T-shirts and a national identity card all valued at Kshs.1,500/= on the same night and time.
The robbers also used personal violence on the said L.S.M. The appellant was also charged in count 5 with the offence of rape contrar…