JUDGMENT OF THE COURT
The appellant, Benson Samwel Eraku, was charged with the offence of robbery with violence contrary to Section 296(2) of the Penal Code. The particulars of the offence were that on 23rd August, 2003 at Gendero Village, Namboto Location, of the then Busia District in the then Western Province jointly with others not before court while armed with dangerous or offensive weapons namely, rungus, pangas and iron bars robbed John Okochi Mulondo, one TV set make Sanyo, two mobile phones make Sagem 3020 and Nokia 3310, one wall clock, one brief case, one black travelling bag containing clothes, cash Kshs 14,500.00, one purse all valued at Kshs 80,500.00, the property of John Okochi Mulondo and at or immediately after the time of such robbery used actual violence to the said John Okochi Mulondo.
The appellant pleaded not guilty to the charge and in a trial conducted initially by Maloba, the then Senior Resident Magistrate (SRM) Busia and later by Nyarima, the then Senior Resi…