FRANCIS MWAURA MWANGI V. REPUBLIC

JUDGMENT OF THE COURT

Francis Mwaura Mwangi, the appellant herein, was tried and convicted on three counts charging him with robbery with violence contrary to section 296 (2) of the Penal Code. It was alleged in those charges that on the might of 27^th July, 2001, the appellant together with a group of people who were said to be over ten attacked various persons at Gitare shopping centre and that in the process violently robbed Isaac Ndungu Gekaga (count one) Stanley Njoroge Mwangi (count two) and James Thungu (count three) of various amounts of money and other shop goods.

Various witnesses such as the three complainants and several others testified before the trial Magistrate that they knew the appellant well and even knew his nickname “Blackie”. They said they saw him during the robberies and that they immediately gave his name to the police. The only police officer who testified in the matter was Corporal Alex Ngewa (PW7). He merely produced a copy of the OB entry in which the appel…