JUDGEMENT OF THE COURT
1. This is an appeal from the judgment of Muchemi and Odunga JJ., dated the 11th December 2013. John Mwangi Wachira (appellant) in this appeal was charged with the offence of robbery with violence contrary to section 296 (2) of the Penal Code before the Senior Principal Magistrate’s Court at Limuru. The particulars of the charge were that on the 7th day of March 2009, at about midnight, within Uplands Trading Centre in Kiambu County, jointly with others not before court and while armed with dangerous weapon namely metal bar, panga and rungus, robbed Paul Mwaniki Wamiti of Ksh 2,800/=, ATM card and NHIF cards and immediately before or after the said robbery, used violence on the said victim of robbery.
2. We wish to outline albeit briefly the highlights of the evidence before the trial court that led to the conviction and sentence of the appellant. On 7th March 2009, Paul Mwangi Wamiti (PW1) was meeting a friend at Muteja Bar within Uplands shopping centre. He left…