JOHN KAMAU GITHUKU & ANOTHER V. REPUBLIC

JUDGMENT OF THE COURT

The appellants, JOHN KAMAU GITHUKU and GEOFFREY MAINA MWANGI were in the trial court charged with robbery without violence contrary to Section 296 (2) of the Penal Code in the first and second counts for perpetrating two separate robberies on the night of 15^th and 16^th May, 2005 at Githongo Village, Muranga District. The first appellant John Kamau Githuku was also charged with the alternative count of handling stolen goods contrary to Section 322 (2) of the Penal Code.

The prosecution case was that the two appellants jointly with others not before the court while armed with dangerous weapons and an imitation gun robbed Edward Kairu Kinya (PW 11) of Kshs.1,200, a torch, a video deck make National S/No. T.8EK 43984 all valued at Kshs.16,700 and immediately before or after the time of such robbery used actual violence to the said complainant. As regards the second count it was claimed that they robbed Priscilla Wanjiru Kairu one mobile phone make Nokia 1100 bearing Sa…