JUDGMENT OF THE COURT
1. The appellant was jointly charged with Charles Maina Wanjohi, Paul Kahunyo Chiuri and Peter Muthee Maina with five counts of robbery with violence contrary to Section 296(2) of the Penal Code in the Chief Magistrate’s Court at Nyeri. Charles Maina Wanjohi was also charged with the offence of giving false information to a person employed in the public service contrary to Section 129(a) of the Penal Code. The appellant and Peter Muthee Maina were also each charged with an alternative count of handling stolen property contrary to Section 322(2) of the Penal Code.
2. The particulars of the first count of robbery with violence were that on the nights of 5th and 6th April, 2010 at Kenol Petrol Station in Karatina in Nyeri District within the then Central Province, the appellant and his co-accused jointly with others not before the court, while armed with dangerous weapons namely AK47 rifles, pistols, iron bars, crowbars, hacksaw and pangas robbed Jackson Maimba Njuki…