JUDGMENT OF THE COURT
In this second appeal, JOSEPH KIBE WANGARI, the appellant was tried and convicted before the Senior Principal Magistrate at Kibera, Nairobi for the offence of Robbery with Violence contrary to section 296 (2) of the Penal Code. The particulars of the offence are that on the 10th day of November, 2005 at Kawangware within Nairobi area province, jointly with others not before court while being armed with dangerous weapons namely pistols, robbed Johnstone Bwala of a motor vehicle make Toyota G-Touring dark blue in colour Registration number KAM 927R valued at Kshs.550,000/=, a mobile phone make bird valued at Kshs.5,500/= and cash Ksh.800/= all valued at Ksh.556,000/= and at or immediately before or immediately after the time of such robbery used actual violence to the said Johnstone Bwala.
Briefly, the facts of the case were that, at about 12.30 pm on 10th November 2005 Johnston Bwala, (PW1) was driving his car to Kawangware, when upon reaching Rusinga School, he cam…