JUDGMENT OF THE COURT
The appellant, FRANCIS PINYA, was charged before the Chief Magistrate’s Court, Kibera, jointly with Patrick Wanjala Opicho and Robert Ndirangu, with robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were that on 21st February, 2005 at Uthiru, Nairobi, they jointly with another not before the court, robbed S O (PW1) of a Nokia Mobile Phone and KShs.980/- all valued at KShs.6,980/- and at or immediately before or immediately after the time of the said robbery used personal violence on her.
The three also faced a second count of rape contrary to section 140 of the Penal Code, whose particulars were that on the same date and at the same place as relates to the first count, jointly with another not before the court, they unlawfully had carnal knowledge of S O without her consent. An alternative count charged them with jointly and indecently assaulting the said S O by touching her private parts, namely her vagina, on 25th …