JUDGMENT OF THE COURT
The appellant was charged with the offence of robbery with violence contrary to section 296 (2) of the Penal Code that on June 6, 1999 along Accra Street at Neema Enterprises in Kisumu Township, jointly with others not before the court while armed with dangerous weapons namely Pistol and knife robbed Jagdish Chandra Patel of cash Kshs. 90,000/= and a motor vehicle valued at KShs. 790,000/= and at or immediately before or immediately after the time of such robbery used actual violence on Jagdish Chandra Patel.
The appellant was also charged with the offence of being armed with a dangerous or offensive weapon namely a SHE Gun in circumstances, which indicated that he was so armed with intent to commit a felony namely robbery with violence. The third charge was that of being in possession of a firearm without a firearm certificate contrary to section 4 (2) (a) as read together with section 4 (3) (a) of the Firearms Act [CAP.114]. The fourth charge was of being in poss…