JUDGMENT OF THE COURT
The appellant, Anthony Mwanzia Mbizi was convicted of the offence of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars were that on the 10th September, 2006, at around Kahawa West area within Nairobi, he robbed Elizabeth Wangeshi PW1 (Elizabeth) of a mobile phone, Alcatel, valued at Kshs 3000 and immediately before or immediately after the time of such robbery, he used actual violence on her.
An alternative charge was preferred in that, in the course of stealing, he dishonestly handled a stolen mobile phone, the property of Elizabeth knowing or having a reason to believe that it was unlawfully obtained.
Briefly, the facts are that, at about 9.00 p.m on the material day, Elizabeth alighted at the Kahawa bus stage and was on her way home when she was approached by three people, a young woman and two young men. The woman demanded her phone, after which, one man wrenched her phone out of her hand, and ran off together with the second m…