DOUGLAS KOMU MWANGI V. REPUBLIC

JUDGMENT OF THE COURT

Douglas Komu Mwangi, the appellant herein was charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code, Chapter 63, Laws of Kenya, in the Senior Resident Magistrate's Court at Kangema. The particulars of the offence were that on 24^th September, 2006 at Kambara Village in Muranga District within the then Central Province, the appellant, jointly with another not before the court robbed John Harrison Mwangi Kahumbi of cash Kshs. 8,350/=, four safaricom cards valued at Kshs. 400/=, one torch and a bunch of keys all valued at Kshs. 8,850/= and at /or immediately before or immediately after the time of such robbery wounded the said John Harrison Mwangi Kahumbi.

The prosecution called a total of 4 witnesses. It was the prosecution's case that on 24^th September, 2006 at around 7:30 p.m while PW1, John Harrison Kahumbi (John) was heading home, he saw a torch being flashed in front of him. When John inquired who it was, he heard a voice …