JUDGMENT OF THE COURT
The appellant in this appeal, Joseph Kinyanjui Wainaina, was charged in the Chief Magistrate’s Court at Makadara Criminal Case No. 21037 of 2000 with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the charge were that:
“On the 26th day of October 2000 at Karindundu village within the Nairobi area, jointly with others not before court, while armed with a pistol robbed Harrison Mwangi Kimotho of Ksh.2,610/= and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said Harrison Mwangi Kimotho.”
It is not clear as to whether he pleaded guilty to the charge or whether he did not plead guilty to that charge but whatever happened, after several appearances in court, the hearing of his case commenced and the record shows that before the hearing proper commenced, he was reminded of the charge in Kiswahili language. After four witnesses were heard, the prosecution…