JUDGMENT OF THE COURT
James Tinega Omwenga, the appellant was charged with one count of robbery with violence contrary to Section 296(2) of the Penal Code, Chapter 63, Laws of Kenya; one count of rape contrary to Section 3(1)(A) of the Sexual Offences Act No. 3 of 2006 and an alternative count of indecent assault on a female contrary to Section 5(1)(B) of the Sexual Offences Act in the Senior Resident Magistrate's Court at Narok.
The particulars of the first count were that on 7th November, 2006 in Narok District within Rift Valley Province, the appellant while armed with an unknown offensive weapon robbed MWL of cash Kshs. 8,000/=, 3 litres of milk, 2 loaves of bread, tea leaves, carrots, a half kilo of meat, rubber shoes, shoe brush, National Identity Card, paraffin and tomatoes all valued at Kshs. 9,474/= and at or immediately before or immediately after the time of such robbery injured the said MWL. The particulars of the offence of rape were that on the above mentioned date and pla…