JUDGMENT
Background
The appellant, Vincent Shatuma Natse was charged alongside another with the offence of robbery with violence contrary to Section 295 as read with Section 296(2) of the Penal Code before the Principal Magistrate’s Court at Kapsabet.
The particulars of the offence were that on 18th December, 2009 at Kapsabet Location in Nandi Central District of the then Rift Valley Province while armed with dangerous weapons, namely knives and rungus he robbed Shadrack Ekume Namuyenga of three pairs of shoes, calculator, one trouser, two television remote controls, 26 CD’s and CD holder all valued at Kshs. 15,000/- and at or before the time of such robbery used actual violence to the said Shadrack Ekume Namuyenga.
Following their trial, the trial court found both accused persons guilty of the offence of robbery with violence. However, the appellant’s co-accused was released before mitigation with no reasons advanced by the trial court while the appellant was subsequently sentenced to 14…