GERALD MUCHIRI MATHENGE & 2 OTHERS V. REPUBLIC

JUDGMENT OF THE COURT

The appellants Gerald Muchiri Mathenge, Joseph Kanja Mwaniki and Samuel Mugereki Mathenge were jointly charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars were that on 3^rd December, 2006, at Kariguini village in Nyeri District within Central Province jointly with others not before court, while armed with dangerous weapons namely sharpened crow rod robbed William Kingori Wachira cash Ksh. 9,500/= and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said William Kingori Wachira.

The prosecution case was based on the testimony of the complainant PW1 William Kingori Wachira and PW2 Joseph Wambugu Mugereki.

PW1 William Kingori Wachira testified as follows:

“I am a businessman. I operate a bar known as Umoja bar at Kariguini. I stay at Kariguini. I am 24 years old. I do recall on 3^rd December 2006 at 11.30 pm I was from work heading to my house when I…