JUDGMENT
The appellant, William Oongo Arunda, who has hitherto been referred to as Patrick Oduor Ochieng despite amendment to the charge sheet, was alongside Nicodemus Mutunga Mulatya (Mutunga) charged 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 charge were that on 15th November 2014 along Wenje-Garsen road in Tana River sub county within Tana River County jointly robbed Kioko Muasya of motorcycle registration number KMDB 338 U, Make Bajaj Boxer, a mobile phone make Nokia 112 and cash, Kshs.2,500, all valued at Kshs.99,500 and immediately before or immediately after the time of robbery wounded the said Kioko Muasya. They both faced an alternative charge of handling stolen property.
The appellant, and Mutunga, were tried before the Senior Resident Magistrate‟s court at Hola and convicted for the offence of robbery with violence in the judgement delivered on 20th January 2016. They were each senten…