JUDGMENT OF THE COURT
1. The appellant, Joseph Munyao Makau, was charged with the offence of robbery with violence contrary to Section 296(2) of the Penal Code. The particulars of the offence were that on 26th March 2008 at about 2:30 p.m. at Kichaka Simba Village in Kwale District, within the then Coast Province, robbed John Maundu of a red wallet, travelling bag, three T-shirts, three exercise books, a pair of blue plastic shoes and cash Kshs.700.00 and at/immediately before or immediately after the time of such robbery while armed with offensive weapon, namely, a knife, he threatened to use actual violence to the said John Maundu.
2. The appellant was tried before the Magistrates’ court at Kwale where the prosecution called four witnesses. The appellant gave sworn testimony on his own behalf. The trial court was satisfied that the prosecution had proved its case against the appellant to the required standard and convicted him in a judgment delivered on 9th July 2009. He was subsequen…