JUDGMENT OF THE COURT
This is the second appeal by NATOME EKAI (the appellant), against the judgment of the High Court at Eldoret dated 13th October, 2010 which upheld the conviction and sentence imposed by the Senior Resident Magistrate (Mr. T. Nzyoki) at Lodwar in Criminal Case No. 121 of 2009.
The appellant was jointly charged together with Napokol Kadeny, Shadrack Ekeno and James Esekon with two counts of robbery with violence contrary to Section 269 (2) of the Penal Code. Napokol Kadeny was acquitted by the trial magistrate while Shadrack Ekeno and James Esekon were acquitted by the High Court Judge's. In count 1, it was the prosecution’s case that, on 2nd February 2009 at Kakuma Refugee Camp the appellant and his confederates jointly with others not before court while armed with dangerous weapons, namely AK 47 rifle robbed Ksh. 17,000/=, one handbag, one Nokia phone 1100 and one suitcase containing assorted clothing valued at Ksh. 87,300/= from Elizabeth Nyanthou Jema and immediat…