STEPHEN NJAU MBUGUA V. REPUBLIC

JUDGMENT OF THE COURT

[1] The consolidated appeals are against the judgment of the High Court (Ogolla and Kamau, JJ) dismissing the appeals from conviction and sentence in respect of two counts of robbery with violence contrary to the provision of section 296 (2) of the Penal Code.

[2] In the first count, the two appellants in the company of another were alleged to have robbed Peter Wamoto while armed with pistols, of his car registration No. KAR 998Y Peugeot 406 valued at Shs. 700,000/-, cash, Shs. 5000/- and a cell phone valued at Shs. 7000/-.

In the second count, the appellants in the company of another were alleged to have robbed Rosemary Wamoto while armed with pistols of a cell phone valued at Shs. 29,000/-.

In the third count, the appellants were jointly charged with the offence of being in possession of a firearm (pistol) without a firearm certificate contrary to section 4(1) and (2) of the Firearms Act.

[3] After trial, the Senior Resident Magistrate convicted the appellants of th…