JUDGMENT OF THE COURT
The appellant herein Joseph Kamau, was initially charged in the Chief Magistrates court at Kibera vide Criminal Case No.124 of 2006 with the charge of stealing from the person contrary to section 279(a) of the Penal Code, which offence was subsequently substituted with that of Robbery with violence contrary to section 296(2) of the Penal Code, in that on the 1st day of January,2006 at Railway line Ngando in Karen, within Nairobi province, jointly with others not before the court robbed Dorcas Kinya Kinoti of a mobile phone make Nokia 2100 valued at Kshs.5,600 and cash Kshs.200, all valued at Kshs.5,800 and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said Dorcas Kinya Kinoti.
The appellant pleaded not guilty to both the initial charge of stealing from person as well as the subsequently substituted charge of robbery with violence.
The prosecution called three witnesses namely, (PW1) Dorcas Kinya Kinot…