SIMON MBUGUA MUKUNA V. REPUBLIC

JUDGEMENT OF THE COURT

The appellant, Simon Mbugua Mukuna, together with three others were jointly charged with two counts before the Principal Magistrate Court at Molo. In the first count, they were charged with the offence of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of the offence state that:

“On the 17th day of March 2006, at Lukalia farm Elburgon in Nakuru District within Rift Valley province, while armed with pangas, axes and rungus jointly robbed Fredrick Mudaki Baranga of one bicycle make NEEIAM, one naiwa radio cassette, one mobile make C-117, one spear, one spot light and cash Ksh.2000/= all valued at Ksh.8,220/= and immediately before or immediately after the time of such robbery used actual violence on the said Fredrick Mudaki Baranga.”

The appellant was also charged on a second count with the offence of stealing contrary to section 275 of the Penal Code and an alternative charge of handling stolen property contrary to section 322 (…