DANSON NGARI NYAGA V. REPUBLIC

JUDGMENT OF THE COURT

Introduction and Background.

The Appellant Danson Ngari Nyaga was tried and convicted on 22nd February, 2008 by the Senior Resident Magistrate Kerugoya, (J.N. Onyiego) on two counts for the offence of robbery with violence contrary to section 296 (2) of the Penal Code. It was alleged in count 1 that on the 2nd day of June, 2007 at Mjini village in Kirinyaga District within the Central Province, jointly with others not before court being armed with offensive weapons iron bars, they robbed Belinda Kathuita Wachira Kshs.1000/=, a pair of shoes, a mobile phone, make Techno T.201 all of the total value of Kshs. 3,450/= and at or immediately before or immediately after such robbery used actual violence to Belinda Kathuita Wachira. On the same facts in count 2, it was alleged that they robbed Elijah Mugambi Nyaga Kshs. 3000/= and a cap all of the total value of Kshs. 3,150/= and at or immediately before or immediately after such robbery used actual violence to the said El…