NICHOLAS ODUOR ARON V. REPUBLIC

JUDGMENT OF THE COURT

1. This is a second appeal by the appellant, Nicholas Oduor Aron, arising from his conviction and sentence by the Magistrates Court (Hon. Wasilwa, Principal Magistrate, (as she then was)) sitting in Nairobi, on a charge of robbery with violence contrary to section 296(2) of the Penal Code, which was upheld by the High Court on first appeal.

2. A brief background of this case is that on 19th September, 2006 the complainant, one Edward Gumbo Alphonse, was walking home from a funeral gathering in the company of two young boys when he was stopped by three boys who he recognized as from the estate where he lived; he recognized them by voice since it was at night; also, the moon shone brightly and there was no cloud cover. On seeing the panga one of them was carrying, he asked them what they were doing but they attacked him causing him serious bodily harm on his head and also robbed him of his valuables.

3. The complainant screamed for help and the three boys fled towards…