JUDGMENT OF THE COURT
The appellant, Isaac Njogu Gichiri was the 5th accused in the Senior Principal Magistrate’s Court at Naivasha. He was charged with 4 others who were acquitted, with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The facts of the charge were that on 8th day of October, 1998 at around 8.00 a.m. at Nyakairu Farm Naivasha in Nakuru District of the Rift Valley Province jointly with others not before the court and being armed with a firearm robbed Maurice Onyango Mbwire of one lister engine, one generator, DPM 500 disintergrator, total gas cylinder, gas cooker, two AC- Dc inventor and household items all valued Kshs.405,400/= and immediately before or immediately after the time of such robbery wounded Maurice Onyango Mbwire. Nyakairu Farm was owned by Samwel Njoroge Karanja (PW1) who lived and carried on business at Nairobi. He employed several workers on the farm one of whom was Maurice Onyango Mbwire (PW2). On 8th October, 1998 a gr…