JUDGMENT OF THE COURT
Background
This is a second appeal by PHILIP MBONDO KIOKO who was charged with two counts before the Senior Principal Magistrate’s Court in Nairobi with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code.
He faced an alternative charge of handling stolen property contrary to Section 322 (2) of the Penal Code. In count 3, the appellant was charged with the offence of causing grievous bodily harm contrary to Section 234 of the Penal Code and in count 4, he was charged with the offence of causing bodily harm contrary to Section 251 of the Penal Code.
A summary of the prosecution case is that on 6th May, 2004, at 8pm, the complainant, Jessica Nduku Kioko (PW 1) was in her supermarket with four workers and two customers, when four men broke into her shop. One of the men while brandishing a pistol, ordered them to lie down while one of the assailants while brandishing a pistol uttered the words: “mlale chini ama kila mtu akule mbili mbili” w…