MICHAEL SAA WAMBUA & JAMES MATATA WAMBUA V. REPUBLIC

JUDGMENT OF THE COURT

The appellants Michael Saa Wambua (Michael), and James Matata Wambua (James), were arraigned before the Chief Magistrate’s court at Thika for the offence of Robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of the offence were that, on the 10^th day of October, 2008 at Muthesya Sub-location, Yatta District, within Eastern Province (as it was then known) jointly robbed Charles Mbuvi Ndavi (the deceased) of his unknown amount of money, and a mobile phone make Nokia 2600 valued at Kshs. 3,500/= and immediately after the time of such robbery killed the deceased. The appellants denied the offence prompting a trial in which the prosecution called eight (8) witnesses in support of its case, while the appellants gave unsworn evidence and called no witnesses.

The brief background to the appeal is that the deceased owned a bar at Muthesya Market. At 7.30pm, on the material date the deceaseds’ brothers, Robert Mutunga Ndavi, (Robert) and Raph…