JUDGMENT OF THE COURT
Lawrence Ayuku Maina, the appellant herein, was charged in the Senior Resident Magistrate's Court at Maseno with eight counts being one count of robbery with violence contrary to section 296 (2) of the Penal Code; three counts of impersonating a public officer contrary to section 105 of the Penal Code; three counts of stealing contrary to section 275 of the Penal Code and possession of public stores contrary to section 324 (2) of the Penal Code.
The facts of the offence in Count one were that, on the 11th day of March, 2005, at Emasafu village, Ebusiekwe sub-location, West Bunyore Location in the Vihiga District within Western Province jointly with others not before court while armed with dangerous weapons namely pangas, rungus, metal bars and torches, he robbed Dishon Otiende Gamaliel one small radio of make Nakiva, a pair of bedsheets, two pillow cases, one ragsack bag, one jacket and hard cash Kshs.400/= all of the value of Kshs.3,875/= and immediately before or…