JUDGMENT OF THE COURT
1. The appellant was charged with four counts of robbery with violence contrary to Section 296(2) of the Penal Code in Principal Magistrate’s Court at Chuka.
2. The particulars of the first count were that on 26th May, 2009 at Chuka Township in Meru South within the then Eastern Province, the appellant with others not before the court while armed with dangerous weapons namely two sterling SMG guns and Somali swords robbed Eliud Gitonga of cash Kshs. 70,000/= and immediately before or immediately after such robbery threatened to use actual violence to the said Eliud Gitonga. On the second count the particulars were that on the above mentioned date and place, the appellant jointly with others not before the court while armed with the above mentioned dangerous weapons robbed Elisio Mugambi Kathai of cash Kshs. 20,000/= and a mobile phone make Nokia 2300 valued at Kshs. 5,500 and immediately before or immediately after such robbery threatened to use actual violence to …