JUDGMENT OF THE COURT
The appellant was convicted of robbery contrary to section 296(1) of the Penal Code and sentenced to five years’ imprisonment and 10 strokes. His appeal to the High Court was dismissed. This is a second appeal.
During the hours of darkness on the night of 1st November 1978 Samuel Muhere, a shopkeeper in Kihancha market, was woken up by bangs at the door of his shop. There were noises and gun shots fired. A window was broken, a torch flashed and a gun pointed at him through the window. He was told to sit down, which he did. His wife was shot in her hand. The back door of the shop was cut open and about ten people came in. Two of them guarded him. One had a gun and the other a panga and a bow and arrows. Some of the raiders went into the shop. Muhere came out after the gang left. He went into the shop to find that it had been cleared out, there was nothing left. All his shop goods, like ready-made clothes, blankets, khaki and other materials had been stolen.
A few hou…