<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>The appellant, <em>Duncan Muhoro Wachira,</em> with three others were charged in the Senior Principal Magistrate’s Court at Kitale with the offence of robbery with violence contrary to <em>section 296(2)</em> of the Penal Code. The particulars of the charge were that on the 29^th day of May 1998 at 10.00 p.m. at Kanamkemer Catholic Parish in Turkana District within the Rift Valley Province jointly with others not before the court armed with dangerous weapons namely an AK-47 Rifle, a pistol and a knife, robbed Fr. Desmond Miller of one motor vehicle, Toyota Hillux registration number KAJ 980B, two radios make Philips and Sanyo, one wall clock, one cash box, two sheets, one red bucket, two wrist watches, 6 Kgs of sugar, 12 Kgs of rice, two sufurias all valued at Kshs.600,000/= plus cash money Kshs.2,500/= and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said <em>Fr. Desmond Miller</em>.</p><p>In the alternative the appellant was charg…</p>