JUDGMENT OF THE COURT
David Mwangi Waigwa, the appellant was charged with one count of robbery with violence contrary to Section 296 (2) of the Penal Code, Chapter 63, Laws of Kenya, one count of rape contrary to Section 140 of the Penal Code and alternative count of handling stolen property contrary to Section 322 (2) of the Penal Code in the Senior Resident Magistrate's Court at Nanyuki. The particulars of the count of robbery with violence were that on the night of 8th and 9th May, 2005 in Nyeri District within the then Central Province, the appellant robbed BNW 4 Kg of sugar, 3 Kg cooking fat, 1⁄2 dozen of bar soap, 5 packets of wheat flour, sweets and chewing gum all valued at Kshs 1,280/- and at or immediately before or immediately after the time of such robbery, the appellant used actual violence on the said B N W.
The particulars of the alternative count of handling stolen goods were that on the above mentioned dates and place, the appellant otherwise than in the course of steal…