<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">The appellant NAFTALI MWENDA MUTUA was charged with the offence of robbery with violence contrary to section 296(2) of the Penal code. The particulars of the offence were that on the 16^th day of February 2011 at around 8.00 p.m. at Mwiganda Village of Tigania East District within Meru County, jointly with another not before court, while armed with dangerous weapons namely knife and <em>rungu</em>, robbed MARY KAIMENYI KAUMBUTHU of a handbag containing two Nokia Mobile Phones, wallet, necklace, two ATM cards, ID card, Interim Driving license among other personal documents and cash Kshs.5,700/=, all valued Kshs.40,500/=, and during the time of the robbery used actual violence to the said MARY KAIMENYI KAUMBUTHU by beating her severally on her back and both shoulders using the said <em>rungu</em>.</p><p class="ql-align-justify">On 8^th February, 2011 the appellant pleaded not guilty to the charge levelled against him thus paving way to the trial before B. Ochieng, the then Principal Magistrate, Tigania. The learned P…</p>