PETER KINYUA MUMBI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant PETER KINYUA was charged with two counts of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars in count 1 are that on 11^th day of July 2008 near Thiririka River in the then Gatundu District within Central Province, jointly with others not before court robbed SAMUEL MUHIA KIMANI of a numberless motor-bike red in colour, Chasis No. S8600383, Engine No. 0688 make Jincheng valued at Kshs. 68,500/= and cash Kshs. 350/= all to the total value of Kshs. 68,850/= and immediately before the time of such robbery threatened to use actual violence to the said SAMUEL MUHIA KIMANI.

In count II, it was alleged that on the 11^th day of July 2008 near Thiririka River in Gatundu District within Central Province, jointly with others not before court robbed SAMUEL NJOROGE NDUTIRE of his mobile-phone Motorolla C168 valued at Kshs. 4,500/= and cash Kshs. 900/= all to the total value of Kshs. 5,400/= and immediately before the time of such ro…