JUDGMENT OF THE COURT
The appellant was jointly charged with three other persons with one count of robbery with violence contrary to section 296 (2) of the Penal Code before the Senior Resident Magistrate Kisii. The appellant was the first accused while GEORGE OTIENO OBURA, ALFONCE MARIARIA, RICHARD DICKSON NYAMBANI were the 2nd, 3rd and 4th accused persons respectively. The 2nd and 3rd accused persons were acquitted while the 4th accused person died in prison before the conclusion of the trial.
The particulars of the charge stated that the appellant and the co – accused while armed with dangerous weapons, namely, rifle and home –made guns robbed ABEL MORANGA ONGWACHO of cash Shs.630,000/= and a motor vehicle Registration No. KAG 570Z Toyota valued at Kshs.450,000/= and at or immediately before or immediately after the robbery wounded THOMAS AYOTI MASESE.
The complainant Abel Moranga Ongwacho (Abel) (PW5) and his brother Peter Ongwacho Ongwacho (Peter) (PW1) operated Agip Petrol Station …