SAMWEL KAMAU MUNGAI & 2 OTHERS V. REPUBLIC

JUDGMENT OF THE COURT

The appellants, Samwel Kamau Mungai (Mungai), Hezron Murigi Kimani (Kimani) and Michael Kamau Wangari (Wangari) were tried and convicted by the Chief Magistrate, Thika on the charge of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of the offence were that on the 29^th April, 2000 at Nguthuro bus stage along Thika Kenol Highway the appellants with others not before the court while armed with dangerous weapons namely pangas and knives, robbed Peter Mwangi Mburu of cash Kshs.16,200/=, one jacket, one wrist watch make Omax and one leather belt all to the total value of Kshs.25,200/= and at or immediately after the time of such robbery injured the said Peter Mwangi Mburu.

The incident took place at 3 pm in broad day light. The complainant, Peter Mwangi Mburu (Mburu), who is a businessman, had gone to purchase some wooden chairs from a shop called “Mackenzie” along the aforesaid Thika Kenol Highway, where the incident is alleged to …