SILAS KARIUKI NGARE & STEPHEN MAINA MURIITHI V. REPUBLIC

JUDGMENT OF THE COURT

The two appellants, Silas Kariuki Ngare (1^st appellant) and Stephen Maina Muriithi (2^nd appellant) were jointly charged, together with one Stephen Mwaniki Ndungu before the Chief Magistrates Court, Mombasa, with robbery with violence contrary to section 296(2) of the Penal Code. The three also faced an alternative count of handling stolen property contrary to section 322(2) of the Penal Code. Separately, the 2^nd appellant and the said Stephen Mwaniki Ndungu were charged with one count each of failing to apply to be registered contrary to section 14 (1)(g) of the Registration of Persons Act.

As regards the offence of robbery with violence, the particulars were that on 14^th June 2005 at Tudor, Mombasa, and while armed with dangerous weapons, namely pistols and a knife, the three jointly robbed Stephen Onyango Ochola (the complainant) of a compressor machine, bicycle, wrist watch, a spanner, bunch of keys and cash Kshs. 425/- all valued at Kshs 21,125 and at or immedi…