JUDGMENT OF THE COURT
Background
1. The appeal herein arises from the judgment of the High Court, (Kamau and Ogola, JJ), dismissing the appellant’s appeal against conviction and sentence for the offence of robbery with violence.
2. The appellant was charged before the Chief Magistrate’s Court at Kibera with seven (7) counts of various offences. He was acquitted of four counts but convicted of three of the counts. These were the offence of robbery with violence contrary to section 296(2) of the Penal Code in which he was alleged to have robbed Chemutai Maureen (Maureen) of Kshs. 40,000/-threatening to use actual violence; the offence of rape in which he was alleged to have raped Winnie Kathoki Tindi (Winnie) contrary to section 3(1)(a) and (b) as read with section 3(3) of the Sexual Offences Act; and the offence of stealing from the person contrary to section 279(a) of the Penal Code in which he was alleged to have stolen one mobile Nokia phone and a Erotel mobile phone, one jacket and ca…