JANET WANJA WAITHANJE V. REPUBLIC

JUDGMENT OF THE COURT

Background

1. Janet Wanja Waithanje, (the appellant) is before us in this second appeal in which she challenges the dismissal of her first appeal by the High Court (Mbogholi and Achode, JJ.). This followed her conviction in the Chief Magistrate’s Court at Kiambu for the offence of robbery with violence contrary to Section 295 as read with Section 296 (2) of the Penal Code.

2. The particulars of the offence were that on 10th March, 2010 at about 9.00 pm at Munene Estate in Kiambu District within Central Province jointly with others not before court while armed with a dangerous weapon namely knife she robbed Jackson Waweru of one mobile phone make Nokia 1110, ignition keys, remote control and helmet all valued at Kshs. 10,000/- and at or immediately before or immediately after the time of such robbery she used actual violence to the said Jackson Waweru.

3. The appellant also faced the alternative charge of handling stolen goods contrary to Section 322(2) of the Penal C…