JUDGMENT OF THE COURT
Boniface Khayumba Katumanga (appellant) was charged before the Kikuyu
Senior Resident Magistrate’s Court with robbery with violence contrary to Section
296(2) of the Penal Code.
The particulars of the charge were that on the 2nd day of November 2005 at Gikuni Village in Kiambu District within Central Province, jointly with another not before court while armed with offensive weapons, namely rungus and pangas robbed Samuel Bett Rotich of one mobile phone make Sagem MC 939, one pair of shoes, one pair of trousers, one jacket, 1⁄2 Kg of meat, 1⁄2 Kg onions, 1⁄2 Kg tomatoes, one loaf of bread and cash Kshs 200/= all valued at Kshs 10,000/= and at or immediately before or immediately after the time of such robbery used actual violence to the said Samuel Bett Rotich.
In the alternative, he was charged with handling stolen property contrary to
Section 322(2) of the Penal Code.
He pleaded not guilty on both counts but after a trial in which the prosecution called three witnesses…