OUMA OBENJO & STANLEY KINUTHIA V. REPUBLIC

JUDGMENT OF THE COURT

The appellants, Ouma Obenjo and Stanley Kinuthia, were tried by the Senior Principal Magistrate at Kibera on a charge of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of that charge were that on the 9^th April, 2002 at Ngong township in Kajiado District within Rift Valley Province jointly robbed Benjamin Mutisya Munyao a Panasonic radio, one executive briefcase, one bag, a brown aviation bag, two saving (sic) machine (sic) black and brown, a stereo walkman, one mirror, electric iron and a kitchen knife all valued at Kshs.15,000/= and at or immediately before or immediately after the time of said robbery wounded the said Benjamin Mutisya.

The evidence adduced against the appellants was that on the 9^th April, 2002 at about 10.20 pm Benjamin Mutisya Munyao (PW 1) (the complainant), a student at a Nairobi College, was walking towards his home in Ngong. He had just alighted from a bus, a distance of some 50 metres from his home. Sud…