PETER MUIMI NZANA & JOSEPH MUSYOKA IRERI V. REPUBLIC

JUDGEMENT OF THE COURT

The appellants, Peter Muimi Nzana and Joseph Musyoka Ireri were jointly 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 24^th January, 2012, at Karura Village, Kindaruma Sub-Location, Mbeere South District within Embu County, the appellants robbed Celestino Gichoni Ireri of cash to the sum of Ksh 2,300/= and a Nokia mobile phone worth Ksh 3, 200/= and at immediately after the time of such robbery wounded the said Celestino Gichoni Ireri.

The appellants pleaded not guilty to the charge paving way for a trial in which the prosecution called five witnesses. It was the prosecution’s case that on the evening of 24^th January, 2012 at about 8 p.m. PW1, Celestino Gichoni Ireri (Celestino) left Karura for his home pushing his bicycle. Upon reaching the bank of a river along the route he came across the 2^nd appellant standing thereat. The complainant greeted the 2^nd appellant whom he…