WILLIAM TARIBO MUKENYA V. REPUBLIC

JUDGMENT OF THE COURT

This second appeal arises from the judgment of R. N. Sitati and A. C. Mrima, JJ. dated 24th July 2015.

The brief background to the appeal is that the appellant was charged in the Senior Principal Magistrate’s Court at Mumias in Criminal Case No. 969 of 2011 with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were that the appellant on the 4th day of November 2011 at about 1.00am at Umalla Gulu village, Bungasi sub-location, Musanda Location in Mumias District within Kakamega County while armed with a jembe robbed Susan Azulu Mukenya kshs. 4,500/= and immediately after the time of such robbery used actual violence on the said Susan Azulu Mukenya. The appellant denied the charge prompting the prosecution to call four (4) witnesses in support of the charge, while the appellant who gave sworn evidence was the sole witness for his defence.

At the conclusion of the trial, the learned trial magistrate (H. W…