JUDGMENT OF THE COURT
David Muchiri Gakuya was charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal code. The Information against the appellant was that on the 30th day of January, 2008, at Gatondo village in Nyeri District within Central Province, jointly with another not before court being armed with dangerous weapons namely metal bars robbed Francis Mathenge Wamae of a mobile phone make Nokia 3310 Serial No. 359746000385042 valued at Ksh. 8,500/=, and cash Ksh. 300/=, all to the total value of Ksh. 8,800/= and at or immediately before or immediately after the time of such robbery used actual violence to the said Francis Mathenge Wamae.
The complainant PW1, Francis Mathenge Wamae, testified that on 30th January 2008 at 8.30 pm, he was going home from work. That he reached an area at Gatondo shopping centre and met some two men one of them called Mithamo and Weru whom he had employed to pick tea at his place; that he entered with them a pub called …