WILSON BWAYO WENANI V. REPUBLIC

JUDGMENT OF THE COURT

Wilson Bwayo Wenani, who is the appellant before us was the 2nd accused before Kitale Principal Magistrate’s Court. He and three others were jointly charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were that the four of them, on the 24th January, 1999 at Kipkirinya Reserve in West Pokok District, within Rift Valley Province, jointly with others not before Court, being armed with a dangerous weapon, namely a firearm robbed Abraham Mworor Maina of cash Ksh. 38,000 and two radios make Sanyo and National Star all totaling to Ksh.43,000 and at or immediately after the time of such robbery threatened to use actual violence to (sic) the said Abraham Mworor Maina. Bwayo was alternatively charged with handling stolen goods contrary to section 3 22(2) of the Penal Code. At the close of the prosecution case, two of those accused were acquitted under section 210 Criminal Procedure Code, while the o…