KENNEDY MAINA MUCHIRI V. REPUBLIC

JUDGMENT OF THE COURT

Kennedy Maina Macharia, the appellant herein was jointly charged with John Mwangi Wambugu in the Senior Resident Magistrate’s Court at Karatina with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars of the offence were that on 11^th day of July, 2004 at Karatina Township in Nyeri District of Central Province, jointly with others not in court and while armed with knives and sticks they robbed John Gakombi Mutahi (PW1) of cash Kshs.18,000/= and a mobile phone make Samsung A800 both valued at Kshs.26,000/= and at or immediately before or immediately after the time of such robbery used actual violence to the said John Gakombi Mutahi. The evidence adduced before the Senior Resident Magistrate (J. N. Nyaga) was that on 10^th July, 2004 at 7.30 p.m. PW1 had closed his mobile phone shop at the township and gone to his house. He then went to Star Buck Hotel where he took some beers. Later, he left the hotel with a girl friend…