JUDGMENT OF THE COURT
Josphat Wagura Macharia, the appellant, was charged with several offences: one count on robbery with violence contrary to Section 296 (2) of the Penal Code, Chapter 63, Laws of Kenya; an alternative count of handling stolen goods contrary to Section 322 (2) of the Penal Code; one count of preparation to commit a felony contrary to Section 308 (1) of the Penal Code and one count of being in possession of ammunition, contrary to Section 4(2) of the Firearms Act, Chapter 114, Laws of Kenya in the Chief Magistrate's Court at Nyeri.
The particulars of the offence of robbery with violence were that on 27th September, 2004, at Tegu Bridge in Karatina, Nyeri District within the then Central Province, the appellant jointly with another not before court, while armed with dangerous and offensive weapons namely pistols, robbed Anthony Muthee Gathiru of his motor vehicle registration No. KAJ 822 C Toyota Corolla, Saloon, grey in colour and a mobile phone make Siemens C-35 all v…