STENICE MKONO MAKAYORA V. REPUBLIC

JUDGMENT

Madan JA This is a second appeal. The appellant’s first appeal to the High Court was dismissed.

The appellant was convicted with two others on a first count of conspiracy to commit a felony namely robbery contrary to Section 393, and on a second count of preparation to commit a felony namely robbery with violence contrary to Section 308(1), of the Penal Code. A fourth accused was acquitted.

The particulars of the offence of the first count were that on the May 17, 1980, at Majengo area, Mombasa, the four accused jointly with others not before the court conspired to commit a felony namely robbery; and of the second count that during the night of May 18, 1980, at Port Gate Night Club at Mombasa, the four accused, were found, armed with dangerous or offensive weapons, namely one toy pistol and three knives with intent to commit a felony namely robbery with violence.

Acting upon information received five police officers arrived, at the Club at about 2 am on May 19, 1980. The manager …