SIMON MWANGI KAMANDE V. REPUBLIC

JUDGMENT OF THE COURT

Simon Mwangi Kamande, the appellant in this appeal, together with one Titus Kasyoki Mbole, were jointly charged in the subordinate court at Nairobi with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the charge were that on the 20^th day of January, 2000 at Runda Estate within Nairobi area, jointly with others not before court, being armed with dangerous weapons namely iron bars and knives, robbed Bredan Fernades of cash Ksh.8,000/=, assorted golden ornaments, digital camera, Binoculars, two mobile phones, video machine, and an auditing machine all valued at Ksh.785,000/=, and at or immediately before or immediately after the time of such robbery used actual violence on the said Bredan Fernades. The appellant alone faced an alternative charge of handling stolen goods contrary to section 322(2) of the Penal Code in that on the 20^th day of January 2000 at Runda Estate otherwise than in the course of stealing, he …