ERASTUS KIARIE WAMBUI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant was charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars of the offence were that on 1^st April, 2006 at Dagoretti Market within Nairobi area, jointly with others not before court, being armed with offensive weapons, namely; knives and clubs, robbed Geoffrey Gakuru Kamau of his mobile phone Nokia 1108, one coat, one steel metal and cash 900/=, all valued at kshs.5,600/= and at or immediately before or immediately after the time of such robbery wounded the said Geoffrey Gakuru Kamau.

Four prosecution witnesses testified during the trial before the Chief Magistrate’s Court at Kibera. On the material night, Geoffrey Gakuru Kamau, PW2, was together with John Njenga Ndung’u, PW3, at a bar known as Honey Pot. It was not clear what time they went to that bar but they left at about midnight, having taken several bottles of beer. On their way home, PW2 saw five people coming from behind. Suddenly PW2 a…