RICHARD GITAU NJOGU & GEORGE KIRONJI KINYANJUI V. REPUBLIC

JUDGMENT OF THE COURT

This appeal before us arises from the dismissal of an appeal to the superior court (Makhandia and Kimaru, JJ) from the decision of the Senior Principal Magistrate’s Court at Kiambu (W. Karanja) wherein the appellants were convicted of the offence of robbery with violence contrary to Section 296(2) of the Penal Code. It was alleged in the charge before the Magistrate’s Court that on 26^th day of December 1998 at God has area in Kiambu District of the Central Province jointly with others not before the court and while armed with dangerous weapons, namely pistols and rungus they robbed John Francis Gitau of his motor vehicle registration number KAJ 017 Toyota Corolla, Kshs.900/=, two wrist watches and personal documents all to the value of Kshs.505,000/= and at or immediately before or immediately after the time of such robbery used actual violence to the said John Francis Gitau.

The case was initially heard by Mr. Olao, Senior Principal Magistrate but when he was tran…