JUDGMENT OF THE COURT
The appellant, PHILIP NANDI WAMUNA was jointly charged with SAMUEL KINYANJUI MUNIU with two counts of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence in respect of the first count were as follows:-
“1. SAMWEL KINYANJUI MUNIU
2. PHILIP NANDI WAMUNA
On the 10th day of December 2000 at 3:30 p.m. at Jamhuri show ground public car park within Nairobi Province, jointly with others not before court while armed with a dangerous weapon namely simis robbed Simon Kimani Mbugua of his Kshs.2,650/= and at or immediately before or immediately after the time of such robbery used personal violence to the said Simon Kimani Mbugua”.
In respect of the second count the particulars stated:-
“1. SAMWEL KINYANJUI MUNIU
2. PHILIP NANDI WAMUNA
On the 10th day of December 2000 at 3:30 p.m. at Jamhuri Show grounds within the Nairobi Area Province, jointly with others not before court, while armed with dangerous weapons namely simis, robbed Hel…