JUDGMENT OF THE COURT
1. The appellant herein Jason Akhonya Makokha was charged alongside six other persons in the Chief Magistrates Court at Kakamega vide Criminal Case No. 3770 of 2006 with two counts of the offence of robbery with violence contrary to Section 296 (2) of the Penal Code Chapter 63 Laws of Kenya.
The particulars in count 1 read as follows:-
"On the 12th day of December, 2006 at Mundoli Jaggery Shamberere sub-location South Kabras-Location in Kakamega District within Western Province, jointly with others not before Court, while armed with dangerous weapons namely iron bars, rungus and pangas robbed one Reuben Ingulushi Muheli of his torch valued at Kshs. 100.00 and at or immediately after the time of such robbery used actual violence to the said Reuben Ingulushi Muheli".
Those in count 2 were as follows:-
"On the 12th day of December, 2006 at Mundoli Jaggery, Shambarere Sub-location, South Kabras location in Kakamega District within Western Province jointly with others not …