JUDGMENT OF THE COURT
In this second appeal, JOHN NJOROGE KAMAU, the appellant was charged together with Robert Gacheru Ngunjiri before the Principal Magistrate’s court at Kibera Nairobi, with one count of the offence of robbery with violence contrary to Section 296 (2) of the Penal Code to which they both pleaded not guilty. The particulars of the charge were that on the 7th of November, 2002 along Kiambu Road in Kiambu, within the Central Province, jointly with others not before court, while armed with dangerous weapons namely pistols, robbed Peter Kimani Njoroge, (PW1) of a motor vehicle, registration number KAN 480M of make Toyota RAV4, one mobile phone make 3330 and cash of Kshs.400/=, all valued at Kshs.1.1 million and immediately before or immediately after such robbery used personal violence to the PW1.
Briefly, the facts of the case were that, at about 7.30 am on 7th November 2002 the complainant, PW1 an employee of Bridges Travel Ltd. was designated to pick up a customer from …