DAVID MAKOKHA V. REPUBLIC

JUDGMENT OF THE COURT

July 12, 1989, the following Judgment of the Court was delivered.

David Makokha (hereinafter called the appellant), was arraigned on an indictment containing a single count of robbery contrary to Section 296 (1) of the Penal Code. It was alleged that on the night of 22nd March, 1986, along Elmolo Drive, Lavington, within the Nairobi area, jointly with others not before the Court, robbed Surinder Nath Sharma of Shs 8,000/-, in cash and material items which included one motor vehicle registration number KVP 913, a Fiat, all valued at Shs 119,500/-.

The appellant was on 23rd July, 1986, convicted by the Senior Resident Magistrate in Nairobi after a trial and sentenced to 5 years imprisonment and 10 strokes of the cane. His appeal to the High Court against both conviction and sentence was dismissed on 2nd November, 1987, and he has now appealed to this court.

The prosecution case was that the complainant was attacked at his home at night by three robbers who after robbin…