JUDGMENT OF THE COURT
1. The appellant, Charles Mulangu Kitaka was charged before Kiambu Magistrates Court, with the offence of robbery with violence, contrary to Section 296(2) of the Penal Code. The particulars of the offence are that, on 17th December 2008 at Kikuyu West District within the then Kiambu District, the appellant jointly with another not before the court and while armed with dangerous weapons namely metal bar, knife and rungu robbed Keziah Muthoni Kariuki of Kshs.56,000, one Sony Ericson T105 mobile phone worth Kshs.4,000 all valued at Kshs.60,000 and immediately before or after the time of such robbery threatened to use actual violence against the said Keziah Muthoni Kariuki.
2. The facts giving rise to this appeal according to the prosecution are that the complainant (PW1) Keziah Muthoni Kariuki was employed as a manager in a shop selling Zain cards in Kikuyu town, where she worked with 17 other people. She recalled that on 17th December 2008 at about 4.00 pm, while …