<p class="ql-align-center"><strong><u>JUDGMENT OF THE COURT</u></strong></p><p>The appellant, <em>STEPHEN KARANJA,</em> was arraigned before the Chief Magistrate’s Court at Kibera on <em>14</em><em>^th</em><em> July, 2004</em> in <em>Criminal Case No. 5178 of 2004 </em>charged with robbery with violence contrary to <em>section 296(2)</em> of the Penal Code. The particulars of the offence were as follows:-</p><p class="ql-align-justify"><em>“STEPHEN KARANJA</em></p><p class="ql-align-justify"><em>On the 6</em><em>^th</em><em> day of June, 2004 along Ushirika road Hardy Estate within the Nairobi area (sic) province robbed Mr. Mark Orwa Mwai of Kshs.3,100/= and at or immediately before or immediately after the time of such robbery beat the said Mark Orwa Mwai.” </em>The appellant denied the charge and his trial commenced on <em>3</em><em>^rd</em><em> January, 2005</em> before Ms. Muchira (Senior Resident Magistrate). The prosecution called the complainant <em>Mark Orwa Mwai</em> (PW1) who testified on how he was robbed on the material day, and how he was able to identify the appellant as one of those who violently robbed him. <em>Dr. Z. Kamau</em> (PW2) testified on how he examined the complainant who had injuries which Dr. Kamau classified a…</p>