JUDGMENT OF THE COURT
The appellant, Jefferson Kalama Mlewa was charged with the offence of Robbery with Violence contrary to section 296(2) of the Penal Code. The particulars in the charge-sheet read to the appellant were that:-
“On the 19th day of April 2008 at Msabaha village in Malindi Location within Malindi District of Coast Province while armed with a dangerous weapon namely a knife robbed Nicholas Mweni John a motorcycle registration number KBB 261E make Hadjin valued at Kshs. 72,000/- and at or immediately after the time of such robbery threatened to use actual violence against the said Nicholas Mweni John.”
The appellant returned a plea of not guilty before the Senior Principal Magistrate at Malindi (B.T. Jaden as she then was) and soon thereafter his trial commenced in earnest. The case for the prosecution was that on 19th April, 2008 at about midday, the complainant, Nicholas Mweni John (PW1) was operating boda boda business using motor-cycle registration Number KBB 261E. A p…