YUSUF SAINGURAN V. REPUBLIC

JUDGMENT OF THE COURT

This is an appeal by Yusuf Sainguran (hereinafter the appellant) from the judgment of the High Court upholding and affirming the conviction and sentence by the trial Chief Magistrate’s Court in respect of a criminal charge of robbery with violence contrary to section 296(2) of the Penal Code (Cap 63 Laws of Kenya).

The particulars of the charge are that on the 19^thDecember 2000, at about 12.00 p.m., at the premises of Indo Africa Steel Limited, in Eastleigh within Nairobi Area, jointly with others not before court, being armed with a pistol, the appellant attacked and robbed PC Patrick Okisai of one pocket phone serial number C 526126 and at or immediately before or immediately after the time of such robbery, used actual violence to the said PC Patrick Okisai.

In the immediate aftermath of the robbery, PC Patrick Okisai gave chase to the robbers, who had also robbed Indo Africa Steel Limited of cash. According to his evidence, the robbers on the run did not get out …