JEREMIAH MULEI KIMEU V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Jeremiah Mulei Kimeu, was charged at the first instance with robbery with violence contrary to Section 296(2) of the Penal Code.

The particulars of the offence were that, on the 31^st day of October 2008 at around 8.00pm at Kwa Mwau Centre along the Machakos –Wote Road in Machakos District within the Eastern Province, jointly with others not before the court, and while armed with crude weapons, namely, knives robbed Benard Kanyulu, the complainant, of cash in the sum of Kshs. 10,000/- and a Nokia 2300 mobile phone, and that immediately before or immediately thereafter the time of such robbery threatened to use such violence against Benard Kanyulu.

Briefly the facts are that on 31^st October 2008 at around 8.00 pm, Bernard, a prisons officer, boarded a Public Service Motor Vehicle registration No. KBC 170Z to Makueni along the Machakos – Wote route. Upon entering the motor vehicle, he was directed to the last row of seats where he sat next to the appella…