JUDGMENT OF THE COURT
[1] The appellant, Benjamin Mbithi Kaveva, was charged jointly with three other persons before the Senior Resident Magistrate’s Court in Kwale. The appellant and his colleagues were charged with several counts including one of robbery with violence contrary to section 296 of the Penal Code; being in possession of police uniforms without authority contrary to section 184(3) of the Penal Code; handling suspected stolen property contrary to section 322(2) of the Penal Code; being in possession of a firearm without a firearms certificate contrary to section 4(1) as read with section 4(2)(b) of the Firearms Act; and being in possession of ammunitions without a firearms certificate contrary to section 4(1) as read with section 4(2)(b) of the Firearms Act .
[2] Hearing of the case proceeded before the Senior Resident Magistrate who upon hearing the testimony of eleven prosecution witnesses ruled that the appellant had a case to answer and put him on his defense. However, …