JUDGMENT OF THE COURT
John Kipkeu Kiprotich, the appellant herein, was the 2nd accused in the subordinate court. He was charged together with three others before the Senior Principal Magistrate’s court at Kitale with the offence of robbery with violence contrary to section 296(2) of the Penal code. The facts of the robbery offence were that on the night of 11th and 12th July 2002 at Top Suwerwa trading centre Cherengany in Trans Nzoia District of the Rift Valley Province they jointly with another not before the court armed with dangerous weapons namely AK 47 assault rifle, a knife and rungus robbed Margaret Cherotich Kimutai (PW1) of cash Kshs.21,000/=, one radio cassette, make artech, 4 boxes of Eveready batteries, 2 long trousers, one jacket, 8kgs of chipsy fat, one “T” shirt, 2 national identity cards and 2 elector’s cards, 8 packets of razor blades and one small bottle of some medicines or chemicals all valued at Kshs.28,960/= the property of Margaret Cherotich Kimutai and at or im…