SEBASTIAN OKWERU MUREFU V. REPUBLIC

JUDGMENT OF THE COURT

The appellant and another who was acquitted by the trial court, were charged in the Chief Magistrate’s Court at Kakamega with three counts of robbery with violence contrary to section 296(2) of the Penal Code. In count I, it was alleged that on 7^th day of December, 2003 at Lubao market along Webuye-Kakamega road in Kakamega District within Western Province, jointly with others not before the court and while armed with a dangerous weapon, namely a gun, they robbed Jacob Lunani Mukalama and David Khadonye Oriki of cash Kshs.202,500/=, motor vehicle registration number KTV 549 Isuzu lorry valued at Kshs.800,000/= and one mobile phone make Sagem 920 valued at Kshs.6,000/= all to the total value of Kshs.1,085,500/= and at or immediately before or immediately after the time of such robbery threatened to shoot the said Jacob Lunani Mukalama and David Khadonye. The goods were the property of Kahuho Trading Company Limited.

In count II it was alleged that the appellant with…