JOHN KIMOTHO TUMBO V. REPUBLIC

JUDGMENT OF THE COURT

1. John Kimotho Tumbo was charged with two counts of robbery with violence contrary to Section 296(2) of the Penal Code, Cap 63 of the Laws of Kenya. He was acquitted in Count I and convicted on Count II.

The particulars in Count II were that on 2^nd July, 2003, at Murinduko in Kirinyanga district within the then Central Province, jointly with others not before court, while armed with dangerous weapons namely pangas, axes, and torches robbed John Njuguna Wanyoike cash Ksh. 10,000/=, 20 packets of cigarettes, 8 sodas, 6 pairs of everpower batteries all valued at Ksh. 10,675/= and at or immediately before or immediately after the time of such robbery used actual violence to the said John Njuguna Wanyoike.

2. The prosecution evidence relevant to the conviction in Count II was given by PW2 John Njuguna Wanyoike. He testified as follows:

“I operate a kiosk of shop goods. I can remember 2^nd July, 2003 at about 2.30 am. I was asleep; I was with my wife and children. While th…