JUDGMENT OF THE COURT
On the 21st May, 1996, John Nduati Muchiri, the appellant hereinafter, and another man called Katana Pekesha Kenga, appeared before the Principal Magistrate at Malindi charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code . The particulars of the offence laid to their charge were that on 26th April, 1996, at Palm Garden Area in Malindi Location within Kilifi District of the Coast Province, the appellant and Kenga, jointly with others not before court and while armed with a dangerous weapon, to wit, a pistol, robbed Samuel Nzai Kombe of a motor vehicle registration number KAD 163E valued at Shs.300,000/= and at or immediately before or immediately after such robbery, they used actual violence on Samuel Nzai Kombe. The appellant and Kenga were tried on that charge and in his judgment, the Magistrate concluded after saying:
"Although the two people drew out a knife and pistol, there is no evidence that they manhandled and used…