JUDGEMENT OF THE COURT
The appellant, Benedicto Kwarula Ingosi was originally charged with two others before the Chief Magistrates Court, Kakamega, with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code in that :
“On the 9th day of November, 2004 at Mukango village, Lukusi sub location Ivihiga location in Kakamega District within the Western Province, jointly with others not before court, while armed with dangerous weapons namely pangas and an axe robbed Manase Wachira of cash Kenya Shillings eight thousand (8,000/=), one bicycle make Avon and assorted shop goods all valued at Kshs. 16,000/= and at or immediately before or immediately after the robbery wounded the said Manase Wachira.”
There was an alternative charge which did not affect the appellant who was the 3rd accused in that court. A trial was conducted by the learned Principal Magistrate (S. M. Kibunja) who in a judgement delivered on 12th July 2005 convicted the appellant and sentenced him to de…