JUDGMENT OF THE COURT
The appellant, PIUS OTIANGA and his co-accused MAXWELL MUSALIA were arraigned before the Chief Magistrate’s court at Kibera in Criminal Case No. 1521 of 2003 charged with two count of robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars of the offence in the first count were as follows:
“1. PIUS OTANGA 2. MAXWEL MUSALIA: On the 12th day of February, 2003 at Kangemi village in Nairobi within the Nairobi Area, jointly with others not before court, being armed with dangerous weapons namely pistols, knives and pangas, robbed MACKNUS INGOSI of a mobile phone – Motorola and cash Kshs.2,000/= all valued at Kshs.8,500/= and at or immediately before or immediately after the time of such robbery used actual violence to the said MACKNUS INGOSI.”
As regards the second count, the particulars of the offence read as follows:
“1. PIUS OTANGA 2. MAXWEL MUSALIA: On the 12th day of February, 2003 at Kangemi village in Nairobi within the Nairobi Area, jo…