WILLIAM MWONGERA IGWATHU V. REPUBLIC

JUDGMENT OF THE COURT

This is a second appeal by William Mwongera Igwathu, hereinafter referred to as ‘the appellant’, who challenges his conviction of the offence of robbery with violence contrary to Section 296 (2) of the Penal Code, Chapter 63 of the Laws of Kenya. The brief particulars of the charge were that on the 18^th day of May 2004, the appellant, together with John Mwangi Mahugu (now deceased), along Bogani Road near the Catholic University of Eastern Africa in Hardy Area within the then Nairobi Province, jointly and while armed with a knife, robbed Belinda Nakesa Obore of Kshs 2,010.00 in cash and one handbag, and immediately at the time of the robbery, used or threatened to use violence to her.

The prosecution’s case was that on the 18^th May 2004, at around 11:30 am, Belinda Nakesa Obore (PW1) was walking home from the Catholic University campus when she was approached by the appellant and the deceased. The appellant, who was armed with a knife, ordered her to give him money…