JUDGMENT OF THE COURT
This is an appeal by John Odiero Nyangea who was tried and convicted by the Principal Magistrate's Court at Malindi of robbery with violence contrary to section 296(2) of the Penal Code, particulars of the offence being that:
"On the 7th day of November, 1996 at Kisumu Ndogo area in Malindi Location within Kilifi District of the Coast Province, jointly with others not before court while armed with Masai sword and rungus robbed CHARO KARISA CHATU of a bicycle make Atlas F/No. 3224266 valued at K.Shs. 5,500/- and at, or immediately before or immediately after such robbery, wounded the said KARISA CHARO CHATU."
During the trial the prosecution called three witnesses to testify against the appellant. Prosecution case was based on identification and recent possession.
The complainant Karisa Charo Chatu (PW1) stated how on the morning of 7th November, 1996 at about 4.00 a.m. he was going to his house on a bicycle when three people confronted him. They attacked him with sti…