JUDGMENT OF THE COURT
This is a second appeal by Daniel Njoroge Mbugua, (hereinafter referred to as the appellant) who was charged before the Principal Magistrate’s Court at Kikuyu with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars of the offence were that: -
“On the 5th day of June, 2005 at Kerua Village in Kiambu District within Central Province jointly with another not before court while armed with offensive weapons namely toy pistol robbed George Gaitho Kung’u of cash, in the sum of Kshs.2000/=, and at or immediately before or immediately after the time of such robbery, threatened to use actual violence upon the said George Gaitho Kung’u.”
A summary of the prosecution case was that PW1 Joseph Kariuki Munga testified that on 5th June, 2005, at 8.15a.m. he was on duty in his office wheb two men entered anf informed him that they wanted to purchase milk.They then whipped out pistols and commanded those in the office to lie down. They…