WANJIKU V. REPUBLIC

JUDGMENT

The appellant was charged and convicted of the offence of robbery with violence contrary to section 296 (1) of the Penal Code.

The evidence adduced by the prosecution was that on the night of 31st August, 1988, the appellant with others raided several homesteads at Kirima Village in Nyandarua District of the Central Province. The raiders had torches.

In the first house they raided, there was a young person aged 15 years. His evidence was that after 10.00 pm while he and his brother were asleep, he was waken up by noise of a door being broken. The robbers asked for money in Kikuyu language. They shone torch light on the witness who then covered himself with a blanket. The robbers searched for money. The witness said that he saw the appellant breaking his school box while holding the torch with his chin and chest. The light was shining on the card-board and then reflecting on his face so that he was able to see his face. They stole a radio, one wrist watch and two disco watches. T…