JUDGMENT OF THE COURT
The appellant JOSEPH MUTAVI MULAVU together with SIMON KYALO KIILU, JOSEPHAT KISILU MULINGE and JOHN MUSYOKI MUOKI were charged with the offence of robbery contrary to section 296 (2) of the Penal Code. The particulars were that on the night of 29th January, 2001 at Miwani Estate, Mumbuni Location in Machakos District within Eastern Province, jointly with others not before the court while armed with offensive weapons namely, pangas, rungus, hammers and iron bars robbed the deceased RUTH NDUKU NDUNDA of one sewing machine, two bed sheets, one mosquito net, one stove, one blanket, a pair of rubber shoes, five sufurias, assorted household utensils, plates, spoons, cups and assorted clothes all valued at Kshs. 20,000/= and at or immediately before or immediately after the time of such robbery offered (sic) personal violence to the deceased RUTH NDUKU NDUNDA.
The trial proceeded before J. R. NYAGA the then Senior Principal Magistrate at Machakos. The prosecution called …