SAMWEL NGARE KAYAA ALIAS KURIA WANJOHI ALIAS MAPUA & PETER KURIA WANJOHI ALIAS MORIO V. REPUBLIC

JUDGMENT OF THE COURT

The appellants, Samwel Ngare Kayaa alias Kuria Wanjohi alias Mapua and Peter Kuria Wanjohi alias Morio were charged with 4 counts. In count I- they were charged with the offence of robbery contrary to section 296(2) of the Penal Code. The particulars were:

''On the 20^th day of September, 2003 at Shika Adabu area Likoni in Mombasa District of the Coast Province, jointly with others not before court, while armed with dangerous weapons namely pistols robbed No. 97071911 Administration Corporal Faki Ali Malevi of a motor vehicle registration number KAR 983B Toyota Land­ cruiser, a ceska pistol serial number G 0130 loaded with fifteen rounds of ammunition, a pair of handcuffs, a Sony J 70 mobile phone, a Seiko five wrist watch, a pair of shoes and an umbrella, four CD casseUes, a half jacket, a wallet containing official and civilian identity cards plus personale ffects and cash Kshs.41,000/= all valued at Kshs.15,000,000/= and at or immediately before or immediately af…