JUDGMENT OF THE COURT
Joseph Gichuki Gitonga, the appellant herein was charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code, Chapter 63 of the Laws of Kenya, in the Senior Resident Magistrate's Court at Nanyuki. The particulars of the offence were that on 20th May, 2006 along Sportsman Arm Hotel at the Nanyuki show ground in Lakipia District within the then Rift Valley Province while armed with weapons namely daggers and knives, the appellant jointly with others not before the court robbed Scort Davis of a wrist watch make 'Ben Swieman' valued at 150 sterling pounds and at or immediately before or immediately after the time of such robbery used actual violence to the said Scort Davis.
The prosecution called a total of three witnesses in support of its case. It was the prosecution's case that on 20th May, 2006 at around 11: 00 p.m. PW1, Scort Davis (Scort), a British army officer, was heading to the British Army's camp at the Nanyuki show ground …