JUDGMENT OF THE COURT
The Appellant REUBEN SHANGI AKELO was charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were that on the 18th November, 2004 along Jogoo Road in Nairobi within Nairobi area jointly with others not before court while armed with dangerous weapons namely pistols robbed Moses Macharia Kamau of cash Ksh.1,800/- and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said Moses Macharia Kamau.
On 10th February, 2005 the appellant entered a plea of not guilty and it was not until 21st February, 2006 when his trial commenced before F. Nyakundi the then SRM Nairobi who recorded the evidence of 7 prosecution witnesses. On 3rd June, 2006 the prosecution closed its case and the case was adjourned for purposes of recording submissions on no case to answer. On 16th January, 2007 upon the appellant’s request Mutoka SPM directed that the case to …