JUDGMENT OF THE COURT
Paul Kihara Kariuki, the appellant herein, was the 1st accused person in a case before a Senior Resident Magistrate at Karatina and in that case, the appellant and his colleague were charged and tried on three counts of robbery with violence contrary to section 296(2) of the Penal Code. At the end of the trial the magistrate held that no prima facie case had been made out against the appellant and his co-accused and he acquitted both of them under section 210 of the Criminal Procedure Code on the first count. But the magistrate placed both of them on their defence on counts two and three. The averments in counts two and three were that on the 30th day of April, 2003 at Kiaruhiu Trading Centre in Nyeri District of the Central Province, the appellant and his co-accused, jointly with others not before the court and while armed with dangerous weapons, namely a pistol, pangas and iron-bars robbed Nancy Njeri Mubuchi (count one) and James Kagwe Gakuya (count 2) of cash …