JUDGMENT OF THE COURT
We are now stating the reasons for the dismissal of this second appeal by us against conviction for robbery with violence, contrary to section 296(2) of the Penal Code.
The complainant, Joseph King’ori Githinji, had a kiosk at Gichiamwangi village. On the evening of 13th April 1979, an intruder armed with a pistol pushed his way into the complainant’s bedroom and robbed him and his wife of Shs 1055 and the complainant’s wrist watch (which had a cracked glass), threatening them with violence during the course of it. The robbery took about ten minutes. The complainant and his wife had not known the intruder previously.
The appellant was arrested two nights later in Njau’s night club, Murang’a, where he had fired a pistol, and where also he had earlier given the complainant’s watch to a woman named Lucy for favours to come later.
At the trial the appellant declared that he had no witness to call. He made an unsworn statement in Court during the course of which he said t…