JUDGMENT OF THE COURT
CHESONI AG JA
The appellant was charged with robbery with violence contrary to section 296(2) of the Penal Code (cap 63). He was convicted and sentenced to 14 years imprisonment with hard labour and in addition to receive twelve strokes of the cane.
On September 28, 1981, Herson Egesa (PW 1) and Helena Hakwabe (PW 2) left the Municipal Beerhall together. This was at about 8.30 pm and Herson said it was dark.
When they were still within the hall’s compound they met with three men who attacked them. Helen ran back to the hall for help. Herson struggled with one of the man and they fell into a ditch. The other two men ran away. Meanwhile Helena came back with two men. The appellant who had fallen into the ditch with Herson was overpowered, arrested and taken to the police. Herson said that before he was attacked he had Kshs 300 in his pocket which he lost during the attack as he did not have it after the appellant was arrested. He said his assailants had searched his po…