JUDGMENT
The charge that was brought against the appellant in the subordinate court at Homa Bay was that of robbery with violence contrary to section 296 (2) of the Penal Code. On 10th March, 2002, at night Peterlis Anduko Ayuago (PW1), (whom we shall refer to in this judgement as the complainant) and his wife Roselida Owino (PW2) were in their house. It would appear that it was raining at the relevant time as Roselida Owino went out to tap water. As she was returning in to the house, two people attacked them. They cut Roselida on the hand and demanded money. When she said she had no money, they turned to the complainant and cut him on the hands, on the head and stepped on him. The complainant told them to take all the money he had which Kshs 12, 000/= being the proceeds of 2 bulls he had sold recently and which money the complainant had kept in his pocket. They took the money. They had a panga and simis. Complainant said in evidence that he was able to recognise one of the attacks and…