<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>The genesis of this appeal is a charge sheet presented to the Chief Magistrate’s Court at Kiambu in Criminal Case No 359 of 2001, in which the appellant <em>SIMON MBAYA KAMAU</em> and his co-accused <em>PETER NGIGI MUTHONI</em> were jointly charged with the offence of robbery with violence contrary to <em>Section 296 (2) of the Penal Code</em>. The particulars of the charge were as follows:</p><p>“1. SIMON MBAYA KAMAU 2. PETER NGIGE MUTHONI: On the 21^st day of February, 2001 at Karuri village in Kiambu District within Central province, jointly with another not before court robbed JOHN OMOKE MOSORA of crates of bread valued Kshs.3,800/- and at or immediately before or immediately after the time of such robbery used actual violence to the said JOHN MOSORA.”</p><p>The two pleaded <em>“not guilty”</em> to the charge on 2^nd March, 2001 and their trial commenced before the learned Senior Resident Magistrate (J G Kingori) on 5^th March, 2001. A total of five witnesses testified for the prosecution. The learned trial magi…</p>