JUDGMENT OF THE COURT
The appellant, Charles Kuchacha Chai was charged with two counts of robbery with violence contrary to section 296(2) of the Penal Code. The particulars in Count I were that:
On the 23rd day of December 2004 along Kaloleni-Mazeras road at Masai Mara Village, Kambe Location in Kilifi District within the Coast Province, jointly with others not before court being armed with dangerous or offensive weapons namely knives robbed Samson Mulwa Kitaka of his driving licence, P.S.V. Licence, drivers badge, wrist watch, jack and cash Kshs.3,636/= all valued at Kshs.9,536/= and immediately before or immediately after such robbery used actual violence to the said Samson Mulwa Kataka.
In Count II the particulars were that:
On the 23rd day of December, 2004 along Kaloleni-Mazeras road at Masai Mara Village, Kambe Location in Kilifi District within the Coast Province, jointly with others not before court, being armed with dangerous or offensive weapons namely knives robbed Vincent Kim…