MWENDO MUTUKU V. REPUBLIC

JUDGMENT OF THE COURT

This is a second and last appeal. Mwendo Mutuku, the appellant, was charged before the District Magistrate at Taveta with the offence of attempted robbery contrary to section 297(1) of the Penal Code. The particulars of the charge read as follows:

“On the night of 7^th day of August 2003 at about 2.00 a.m. at Lotima Village in Taita Taveta District of the Coast Province jointly with others not before court attempted to rob Daniel Kimondio of shop goods and cash and at or immediately before or immediately after such attempted robbery threatened to use actual violence to the said person Daniel Kimondio.”

The appellant pleaded not guilty to the charge but as the learned Magistrate at Taveta had no jurisdiction to hear and determine the matter, the case was, on 23^rd December 2003, transferred to Voi Law Courts for hearing and further action. The learned Principal Magistrate at Voi (R.A. Mutoka), after full hearing of the case, in a judgment dated and delivered on 24^th Ju…