JUDGMENT OF THE COURT
1. The appellant as the 1st accused before (together with a one Josephat Onguso Moreka, 2nd accused) was charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code, Chapter 63 of the Laws of Kenya. The particulars were that on the 19th day of February 2012 at Keroka Township in Masaba District in Nyanza Province jointly with another not before court armed with dangerous weapons namely panga robbed Jonathan Nkuti 2 mobile phones make Nokia 2310 and Matrix M all valued at Ksh. 8,500/= and immediately before and immediately after the time of such robbery used actual violence to the said Jonathan Nkuti.
2. The appellant faced an alternative charge of handling stolen property contrary to Section 322 (1) of the Penal Code. The particulars were that on the 20th day of February 2012 at Keroka Township in Masaba District within Nyanza Province otherwise that in the course of stealing retained a mobile phone make Mamix M the property of J…