JUDGMENT OF THE COURT
1. This is a second appeal against the appellant’s conviction and sentence for the offence of robbery with violence contrary to Section 296 (2) of the Penal Code.
2. A brief background of the matter as presented before the trial court was that on 10th February 2013 at around 6.30 a.m., whilst fueling a motor bike registration number KMCX 788D at Malava Holiday Petrol Station, the complainant, Timothy Wanami, (PW1), was approached by a passenger, Ndunde Murunga, (the appellant), whom he knew very well. The appellant requested the complainant to take him to a place known as Musalaba. On the way, the appellant strangled the complainant with a wire. The complainant lost consciousness and thirty minutes later found himself in the bush and the motor bike was missing.
3. Following that unpleasant encounter, PW 1 called out a certain lady from a nearby home and explained what had transpired. He then proceeded to Malava Police Station and reported the incident. Thereafter he…