SIMON NDUNGU KINUTHIA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant Simon Ndungu Kinuthia (Kinuthia) was arraigned in the Principal Magistrate’s court at Molo on a charge of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were that on the 6^th day of June, 2011 at Kenyatta Phase II Molo District within Nakuru County, jointly with another not before court while armed with a dangerous weapon namely a metal rod he robbed Samuel Kamanjara Macharia of one (1) wrist watch (2) one pair of slippers (3) a sandal shoe, all valued at two thousand and one hundred and forty only 2,140/= and at or immediately before or immediately after the time of such robbery did beat the said Samuel Kamanjara Macharia.

The appellant denied the charge prompting a trial in which the prosecution called five (5) witnesses in support of its case. The complainant Samuel Kamanjara Macharia was at the material time residing at Kenyatta phase II in Molo town. He left his house in the morning of 6^th June, …