JUDGMENT OF THE COURT
The appellant, KENNEDY KIPLANGAT MISOI, faced four main counts in the Senior Resident Magistrate’s Court at Kilifi, and an alternative count. He was acquitted on three counts and convicted on one count, which was the count of Robbery contrary to section 296(1) of the Penal Code. The particulars of that count read that:
“On the 13th day of October, 2004, at about 10.00 p.m. at Mtwapa Township in Mtwapa location within Kilifi District of the Coast Province, robbed Gerlinde Karima of the gold ring, two silver rings, six mobile phones, one wrist watch, one C.D. player, walkman make schpelder, two box speakers, two gold bracelets, one passport-Australian and 25 Euros all valued at Kshs.89,000/- and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said Gerlinde Karima.”
Having been convicted of this count, the alternative count of handling stolen property contrary to Section 322(2) of the Penal Code, did not…