GILBERT KIPRONO ALIAS RASTA V. REPUBLIC

JUDGMENT

1. This is a second appeal from the judgment of the Senior Principal Magistrate’s Court at Bomet (J. Kwena) delivered on 13th September 2012 in Criminal Case No. 844 of 2011.

2. The brief background is that the appellant was charged jointly with 2 others (Hillary Kiprotich Ng’etich and Davis Kiprono Rop) in the Senior Principal Magistrate’s Court at Bomet in Criminal Case No. 844 of 2011 with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were that on 30th October 2011 at Bomet Township in Bomet District, jointly with others robbed Wilson Koskei of his jacket valued at KShs. 450, a pair of shoes valued at KShs. 400, a cap valued at KShs. 90, a Motorolla phone C118 valued at KShs. 1,900, a Nokia phone valued at KShs. 2,000 and cash amounting to KShs. 700 and, immediately before the time of that robbery, threatened to use actual violence on the said Wilson Koskei.

3. The appellant and the two co-accused denied the offence, …