PETER KAMONJO NJOROGE V. REPUBLIC

JUDGMENT OF THE COURT

1. Peter Kamonjo Njoroge (the appellant) was charged before the Chief Magistrate’s Court in Kiambu with the offence of robbery with violence contrary to Section 296(2) of the Penal Code. The particulars of the charge were that on 20th July, 2004, on or about 9.00 pm along Moi Road Junction, Magomano village, he jointly with others, armed with dangerous weapons, namely pangas, iron bars, hammers and knives robbed Henry Kangara Njoroge, (the Complainant), of safari boots, Kshs.3,000/= cash, national ID, pocket diary, jacket and Kenya Commercial Bank plate, all valued at Kshs.8,000/- and at or immediately before or immediately after the time of such robbery used actual violence by striking the complainant.

2. The appellant first appeared in court for plea taking on 11th December, 2008 whereupon he denied the charge and a plea of not guilty was entered. The case (CR. Case No 2095 of 2008) was partly heard by Hon. K. Muneeni, Ag. P.M. who disqualified himself after hear…