JUDGMENT OF THE COURT
The appellant in this appeal, Bernard Wanjala, was charged in the Senior Principal Magistrate’s Court at Kitale with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were:-
“On 18th day of August, 2001 in Kitale Township in Trans-Nzoia District within the Rift Valley Province, while armed with a dangerous weapon namely a knife robbed Emily Nafula of Kshs.1,000 and at or immediately before or immediately after the time of such robbery used actual violence to the said Emily Nafula.”
He pleaded not guilty to the charge and the matter proceeded to hearing before the Senior Resident Magistrate (D.K. Gichuki) who, after full hearing, found the appellant guilty of a lesser charge of robbery under section 296(1) of the Penal Code. In doing so, the learned Senior Resident Magistrate stated in pertinent part of his judgment as follows:-
“In the circumstances of this case, I find that under the provision of sectio…