DAVID NDERITU & ANOTHER V. REPUBLIC

JUDGMENT OF THE COURT

The two appellants, David Nderitu alias Machangi and Patrick Ngari Moya, together with a third man who was acquitted by the trial Magistrate, were charged and tried on one count of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of that charge were that on 7^th May, 2001 at Likii River Farm in Laikipia District within Rift Valley Province, while armed with dangerous weapons namely a toy pistol, thunder flash, swords, pangas and a claw-hammer, they jointly robbed Charles Kamau Wamae on behalf of Likii Farm of cash Khs.505,000/- and at or immediately before or immediately after the time of such robbery, used actual violence against the said Charles Kamau Wamae.

On 10^th May, 2001, three days after the robbery charged against the appellants, the two of them, together with a man who was acquitted by the Magistrate, appeared before Mr. S.M. Kibunja, a Senior Resident Magistrate at Nanyuki. The record of the Magistrate shows that an ins…