DANIEL MULI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant Daniel Muli, was convicted after a trial, of the main count of robbery with violence contrary to section 296(2) of the Penal Code, having been charged jointly with another person, whose appeal is not before us, of that count and separately on an alternative count each of handling stolen property contrary to section 322(2) of the Penal Code. The particulars of the main count read, in pertinent part, that:-

“On 8^th day of June, 1994 at Kipkabus road, Ngara within Nairobi area, jointly with another not before the court, being armed with a pistol, robbed Rajal Sojpal Punja Shah of Kshs.80,000, Golden rings ... and at or immediately after the time of such robbery did use personal violence to the said Rajal Sojpal Punja Shah.”

An issue having been raised as to the propriety of the charge, we consider it proper to deal with it before proceeding further with consideration of the case against the appellant. Mr. Wamwayi, for the appellant, submitted before us th…