JUDGMENT OF THE COURT
The appellant Richard Kamisoi together with one David Makori Nyangau (now deceased), were both charged before the Principal Magistrate’s Court at Nyamira in Criminal Case No. 360 of 2004 with the offence of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of the charge were that:
“On the night of 27th and 28th April, 2004 at Magwagwa sublocation in Nyamira District within Nyanza Province, robbed Norah Nyanchama of 5 iron sheets and 6 kgs beans valued at Kshs.2,050/= and at or immediately before or immediately after the time of such robbery used actual violence to the said Nora Nyanchama Momanyi”.
Each of the two also faced an alternative charge of handling stolen goods contrary to section 322 (2) of the Penal Code. In respect of the appellant, the alternative charge stated in the particulars as follows:
“On the 28th day of April, 2004 at Magwagwa sublocation in Nyamira District within Nyanza Province, otherwise than in the course o…