JUDGMENT OF THE COURT
The appellant, George Kamau Muhia, was charged on 12th August, 2004 before the Principal Magistrate’s Court, Kikuyu, jointly with Daniel Macharia Mwangi and Ndung’u Mburu Nungari, with robbery with violence contrary to section 296 (2) of the Penal Code, Cap 63 Laws of Kenya. The particulars of the offence were that on 6th August, 2004 at Dagoretti, Central Province, jointly with others not before the court, and while armed with dangerous weapons, namely knives and axes, they robbed Samuel Kamau Ngugi of a Motorolla T 190 mobile phone, a Casio wrist watch, a wallet containing a national identity card and Kshs.500/- all valued at Kshs.9,500/-, and at or immediately before or immediately after the time of the said robbery, they used actual violence on the said Samuel Kamau Ngugi.
The main facts of this appeal, as established by the evidence that was adduced by the prosecution, are that on 6th August 2004, at about 7.00 pm, Stephen Kamau Ngugi (PW2), was at Dagoretti s…