JUDGMENT OF THE COURT
Patrick Kamau Mwangi, the appellant was charged with eleven counts of robbery with violence contrary to the Section 296(2) of the Penal Code (Chapter 63 Laws of Kenya).
The particulars of the offences are that on 11th April 2005 at the Chemoset area, along the Kitale- Eldoret road in Lugari District, the appellant jointly with others while armed with a pistol and two knives robbed Joseph Ndegwa Nduturi, Amina Mohamed, David Kipngeno Cheruiyot, Elizabeth Wangare, Josiah Karanja Ngatia, Joseph Cheptarus Kanguka, John Mwangi Waweru, Musoke Muliro, Charles Osemo, Francis Bunyali and James Musa Taboyo of their respective properties which included money, mobile phones, a car-radio, shoes, log books, jackets, T-shirt, bag, umbrella, wallet and two note books and in the process, some of the victims were assaulted.
According to James Musa Napoyo, (PW 3) (Musa) the complainant in count 11, whilst he was travelling in an Eldoret Express Bus towards Kitale from Nakuru along wit…