RULING OF THE COURT
This is an application under Rule 29 (1) (b) of the Court of Appeal Rules whereby the applicant essentially seeks leave of the Court to adduce additional and new evidence by calling three witnesses, namely, Inspector Mutembei; the Registrar of Motor Vehicles and one Alfred Karimi.
The applicant was charged with two offences before the Chief Magistrate’s Court, Nyeri, firstly, robbery with violence contrary to Section 296 (2) of the Penal Code. That charge alleged that the appellant jointly with others not before the court robbed one Nahashon Kairu Ndugo of motor vehicle registration No. KAP 027D Toyota Corolla valued Shs.500,000/=, a driving licence and Shs.800/=. In the second count, the appellant was charged with obtaining Shs.115,000/= from Rose Kananu Makota by falsely pretending that he would sell motor vehicle registration No. KAN 818T Toyota Corolla to her contrary to Section 313 of the Penal Code.
The prosecution case was briefly as follows.
Sometime in January…