JUDGMENT OF THE COURT
Anthony Kangethe Mwangi, the appellant herein was charged together with John Muranguri Maina with the offence of robbery with violence contrary to section 296(2) of the Penal Code, Chapter 63, Laws of Kenya, in the Senior Principal Magistrate's Court at Nanyuki (trial court). The particulars of the offence are that on 25th February, 2007 at Likii bridge, Nanyuki Township in Laikipia District within Rift Valley Province with others not before the court, they robbed Mr. Anthony Mwai Kirima, one cell phone make Motorrola C 118 valued at Kshs. 4,000/=, one cigarette holder valued at Kshs. 600/= and cash Kshs. 5,000/= and immediately before or immediately after the time of such robbery threatened to use actual violence on the said Anthony Mwai Kirima.
The prosecution called a total of three witnesses. It was the prosecution's case that on 25th February, 2007 at around 8:00 p.m. while Anthony Mwai Kirima (Mwai) (PW1) was heading to his house at Likii, he met the appellan…