<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">The appellants herein JOHN SIMIYU WALIBWA, and MICHAEL NGUGI GITAU were arraigned before the Chief Magistrate’s Court at Nakuru in Criminal Case No 2352 of 2000 on a charge of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence stated as follows:</p><p class="ql-align-justify">“1. JOHN SIMIYU WALIBWA 2. MICHAEL NGUGI GITAU on the 23^rd day of October 2000 at Shik Park View Hotel Nakuru Town within Nakuru District of the Rift Valley Province jointly while armed with dangerous weapons namely a short gun, robbed John Gichuru Jomo of a Motor Vehicle Reg. No. KAJ 30N Toyota corolla white in colour valued at Kshs. 290,000 and cash 50/- all valued at Kshs. 290,050/- and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said John Gichuki Njomo”.</p><p class="ql-align-justify">The two appellants were jointly charged with a third person, ALLAN GICHUKI NGANGA on a second count of conspiracy to commit a felony contrary to section 39…</p>