JUDGMENT OF THE COURT
1. Swaleh Muhaya Lubanga the appellant herein, was tried with two others before the Principal Magistrate’s court at Kakamega, on two counts of the offence of robbery with violence contrary to section 296(2) of the Penal Code. In the first count, it was alleged that while armed with dangerous weapons, namely, pangas and crude weapons, they jointly robbed Jerita Wesonga Matseshe (Jerita) of various items and used actual violence at the time of the robbery. In count 2, it was alleged that while armed with dangerous weapons, namely, pangas and crude weapons, they robbed Thomas Mugavana Sakwa (Thomas), of his mobile phone and a motor cycle registration No. KMCS 696Z and used actual violence at the time of the robbery. The offences were allegedly committed on the 5th July 2012 at Shibuli sub-location in Kakamega County.
2. Following the trial in which Jerita, Thomas and 6 other witnesses testified, the appellant’s co-accuseds were acquitted under section 210 of the Crimi…