JOHN KAMAU WAMBUGU & 2 OTHERS VREPUBLIC

JUDGMENT OF THE COURT

The genesis of this appeal is a charge sheet presented to the Senior Resident Magistrate’s Court at Narok in which the three appellants (JOHN KAMAU WAMBUGU, ISAAC NJENGA NJONJO and GEOFFREY NJUGUNA WANJIKU) and one, BONFACE MBUGUA WANGOI were jointly charged with robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were as follows:- “1. ISAAC NJENGA (2) JOHN KAMAU(3) GEOFFREY NJUGUNA (4) BONFACE MBUGUAOn the 19^th day of December, 2004 at Sakutiek Trading Centre in Narok District within the Rift Valley Province, being armed with dangerous or offensive weapons namely a Toy pistol, robbed Rachael Wanjiku Sukuma of her cash Kshs.250,000/=, two packets of sportsman cigarettes and a Maasai sword all valued at Kshs.250,600/= and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said RACHAEL WANJIKU SUKUMA.” The appellant, JOHN KAMAU WAMBUGU, (who was the second acc…