SIMON KINGORI KARIBU V. REPUBLIC

JUDGMENT OF THE COURT

Introduction

The appellant jointly with two others, faced the charge of robbery with violence contrary to Section 296(2) of the Penal Code in the Chief Magistrate's Court at Kiambu. The particulars of the offence were that on the 31^st day of May, 2007 at Muchatha village in Kiambu District, the appellant in the company of two others, while armed with dangerous weapons namely knives, jointly robbed JANET MWIHAKI NJOROGE of a handbag, one purse, one mobile phone make Nokia 1600, a bunch of keys, two sim cards and KShs.5000/- in cash all valued at KShs.11,000/- and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said Janet Mwihaki Njoroge. The appellant and his co-accused were also charged with an alternative charge of handling stolen goods contrary to Section 322 (2) of the Penal Code. The particulars of the offence were that on the 1^st day of June, 2007 at Muchatha village in Kiambu District Central Pro…