SAMSON NYANDIKA ORWERWE V. REPUBLIC

JUDGMENT OF THE COURT

1. The appellant, Samson Nyandika Orwerwe, was charged before the Senior Resident Magistrate’s Court at Kajiado with the offence of robbery with violence contrary to section 296 (2) of the Penal Code, Chapter 63 of the Laws of Kenya.

2. The particulars of the offence were that on the 8^th December 2007 at about 7:30pm, jointly with another not before the court, robbed Martin Matolo Muinde of a vehicle, registration number KAE 834 M, a Toyota Sprinter taxi, Kshs 1,200.00 and a Nokia 1600 mobile phone, all valued at Kshs 225,200.00, and at or immediately before or immediately after the time of that robbery wounded the said Martin Matolo Muinde.

3. By way of background, we shall set out the evidence led before the trial court: Martin Matolo Muinde (PW1) was at the time material to this appeal employed by a Mr. Nzuki as a taxi driver. On the material day, at about 7.30 pm, while he was at the taxi stage at Namanga, two people, and one of whom was the appellant, came alon…