JUDGMENT OF THE COURT
This is a second appeal. The appellant Bishar Abdi faced a charge of robbery with violence contrary to section 296(2) of the Penal Code, the particulars of which were that:-
“On the 27th day of February, 205 at Kagishu in Riruta within Nairobi Area Province jointly with another not before court while armed with offensive weapons namely knives, robbed one David Wahia Kariuki off (sic) a wallet containing cash Kshs.1,500/=, National ID. Card and job card all valued at Kshs.1,650/= and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said David Wahia Kariuki.”
At the time plea was taken on 2nd March, 2005, the record shows that interpretation was in English/Kiswahili and the Court Clerk was one Kimuyu. The plea entered was “not guilty.” On 6th April, 2005, the hearing of his case commenced before Muketi, Principal Magistrate. The Court Clerk was one Odhiambo. The complainant David Kariuki was the first witn…