JUDGMENT OF THE COURT
1. The appellant, Kiarie Wanguba, was charged with robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were that on the 10th day of November, 2004 at Lesirko village in Nyandarua District of the Central Province, jointly with others not before court while armed with dangerous weapons namely pistols they robbed John Maina Nyambura cash kshs.5,000/= and immediately after the time of such robbery used personal violence to the said John Maina Nyambura.
2. The other accused was acquitted after a trial before the learned Principal Magistrate (Teresia Matheka) in Nyahururu criminal case no.131 of 2005. Aggrieved with that decision, the honourable Attorney General for the State filed an appeal before the High Court. The Attorney General faulted the trial magistrate for not considering that the accused had been properly identified by PW1, the complainant; that the disappearance from home by the respondent immediately the offenc…