JUDGEMENT OF THE COURT
The appellant, Alvan Gitonga Mwosa was charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars of the offence were that on the night of 14th November 1998 at Kanja Sub-Location, Kagaari North Location, Embu District of the Eastern Province, jointly with others not before court robbed Antony Mugo Kanampiu of one pair of shoes, one pair of socks, One National Identity Card, One Barclays Bank Plate Card and Ksh 2, 850 all valued at Ksh 3, 900 and at, or immediately before, or immediately after the time of such robbery used actual violence to the said Antony Mugo Kanampiu.
The appellant pleaded not guilty to the charge setting in motion a trial in which the prosecution called four witnesses. It was the prosecution’s case that on 14th November, 1998 PW1, Antony Mugo Kanampiu (Antony) departed for his home at Rukuriri at 9.30p.m. after a day punctuated with errands, his brother’s pre-wedding party and a stopover a…