JUDGMENT OF THE COURT
Background
1. This is a second appeal by Tomito Talala Dominic (the appellant) who was charged before the Principal Magistrate’s Court at Kilgoris with the offence of robbery with violence contrary to Section 295 as read with Section 296(2) of the Penal Code. The particulars of the offence were that on the night of 20th and 21st June 2013, jointly with others not before the court, within Shartuka Location in Transmara West District of the Narok County, while armed with a maasai sword and other crude weapons, he robbed Wilson Sung Sung Murambi of a brown leather hand bag, a brown canvas waist belt, two mobile phone batteries, six chicken eggs, cash of Kshs. 1,315/= and various household goods all valued at Ksh. 4,035/= and immediately before or immediately after such robbery, used actual violence which resulted in the death of the said Wilson Sung Sung Murambi (the deceased).
2. In brief, the facts culminating in this appeal were that at about 6:00 am on 21st June 20…