IN THE COURT OF APPEAL
AT KISUMU
( Coram:Hancox JA, Platt and Gachuhi Ag JJA )
CRIMINAL APPEAL NO. 148 OF 1985
BETWEEN
ANZAYA.................................................APPELLANT
AND
REPUBLIC..........................................RESPONDENT
(Appeal from the High Court at Kakamega, Aganyanya J)
JUDGMENT
The present appellant was charged with ten others, including his wife, who was then the third accused, with the offence of robbery contrary to section 296(1) of the Penal Code. Only he (as the ninth accused) and the first accused were convicted of this offence, while one other, the second accused Recho Amwinja Amwai, was convicted of dishonestly handling various items of clothing and beddings stolen during the robbery.
On the night of July 14, 1983 at about 11.30 pm Richard Litunya, the Member of Parliament for Butere Constituency, was at home with his family in Ekangui Village, in West Kisa location, when a gang of many people armed with sticks descended on the house, and on the pretext o…