JUDGMENT OF THE COURT
1.This is an appeal by Peter Ng’ang’a Nduta from the judgment of the High Court upholding and affirming the convictions and sentences respectively by the trial magistrates’ court in respect of criminal charges of robbery with violence contrary to section 296(2) of the Penal Code, rape, contrary to section 140 of the Penal Code, and assault causing actual bodily harm contrary to section 251 of the Penal Code.
2.The particulars of the offence are that on the 15th day of December, 2002 at a place commonly known as Thika flyover in Thika district, jointly with others not before court, the appellant, while armed with pangas and a toy pistol, robbed James Mugo Mukobo of one disco wrist watch, a wallet, a jacket, a pair of leather shoes, a pair of socks, a belt, 7 kg of miraa, a National Identification Card and a voter’s card all valued at Kshs 2,640/= and at or immediately after the time of such a (sic) robbery, used personal violence to the said James Mugo Mukobo.
The pa…