WALLEN NYANDO MAKOMERE V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Wallen Nyando Makomere, was charged with a total of five counts; three counts related to the offence of robbery with violence contrary toSection 296 (2) of the Penal Code, Cap 63 of the Laws of Kenya. The particulars in Count I were that on 14^th December 2004, at Eastleigh 7^th Street in Nairobi within Nairobi area, jointly with others not before court while armed with dangerous weapons namely pistols robbed Abdirazak Mohammed of his cash Ksh.1,200/= and a Nokia phone all valued at Ksh.7,200/= and at or immediately after the time of such robbery threatened to use personal violence to the said Abdirazak. Particulars of Count II were that on the same day and place jointly with others not before the court while armed with dangerous weapons namely pistols robbed Biri Ahmed Abdi cash Ksh. 3,070/=, a wrist watch make Casio and a mobile phone make Motorola T190 all valued at Ksh. 10,570/= and at or immediately after the time of such robbery threatened to us…