YOHANA HAMISI KYANDO V. REPUBLIC

JUDGMENT OF THE COURT

This is a second appeal arising from the Judgment of the High Court at Nairobi, (J.B. Ojwang and M. Warsame, JJ (as they were then), dated 28^th day of January, 2009.

The background to the appeal is that, the appellant was arraigned before the Chief Magistrate’s court at Makadara on two counts of Robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence in count 1 were that, on the 17^th day of June, 2001 at Komarock Estate, within Nairobi area, jointly with another not before court, and while armed with a pistol robbed one Paul Nzomo Mbaluka of his Motor Vehicle Registration No. KAK 322K Toyota Corolla grey in colour, one mobile Phone make Erickson, one shirt, one pair of shoes, one wedding ring and cash Kshs. 32,000/ all valued at Kshs. 732,000/- and immediately at or immediately after such acts used actual violence on the said Paul Nzomo Mbaluka. On count 2, it was alleged that, on the same date, place and in a similar mann…